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HomeMy WebLinkAbout2005- 3 Amending Section 12-11-4, Material to be Submitted; Procedure, Vail Town Code Chapter 14-2 Definitions, and Chapter 14-6 Grading Standards ORDINANCE NO. 3 SERIES OF 2005 AN ORDINANCE AMENDING SECTION 12-11-4, MATERIAL TO BE SUBMITTED; PROCEDURE, VAIL TOWN CODE, CHAPTER 14-2, DEFINITIONS, VAIL TOWN CODE, AND CHAPTER 14-6, GRADING STANDARDS, VAIL TOWN CODE, AND SETTING FOR DETAILS IN REGARD THERETO. WHEREAS, land development projects and associated increases in impervious cover alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, and sediment transport and deposition; and WHEREAS this stormwater runoff contributes to increased quantities of water-borne pollutants, and stormwater runoff, soil erosion and non point source pollution can be controlled and minimized through the regulation or erosion control and stormwater quality associated with . construction activities; and WHEREAS, the Environmental Protection Agency has promulgated regulations pursuant to Phase II of the National Pollutant Discharge Elimination System as part of the Clean WaterAct, and has required the implementation of a stormwater quality ordinance in order to meet requirements of the stormwater discharge permit issued by the State of Colorado; and WHEREAS, soil erosion and stream channel erosion make necessary costly repairs to gullies, washed out fills, roads and embankments, and the resulting sediment clogs storm sewers and road ditches, leaves deposits of silt in streams, and is considered a significant water pollutant associated with stormwater runoff; and WHEREAS regulations limiting soil erosion and stream channel erosion are in the public interest and will prevent threats to public health and safety; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the development objectives of the Town of Vail; and Ordinance No. 3, Series of 2005 ~ 1 ~ ~ ~ • WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of these amendments at its November 8, 2004, meeting, and has submitted its recommendation to the Town Council; and WHEREAS, the Vail Town Council finds that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds that the amendments further the general and specific purposes of the Zoning Regulations; and WHEREAS, the Vail Town Council finds that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. • NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-11-4C, Preliminary and Final Design Review, Vail Town Code, shall hereby be amended as followings: (deletions are shown in stake tk~,~/additions are shown bold) j--I~Rn~~ o~-v~~~•, ~rr~AiF9~ F.~tlBfl&I-~A~i$sl' :'~E!-e}il~}iFl3#i~`n 6 t6t6fi4 9t~#it-~6F6~8F':~: ~ ~ $ f'=:~: da~6lep~e~6 as `f'all ~e-pFese~e=. IR , 's:::`:_~~liad~ s:~sh :~e~:,«es~-ef-dete+~#i~n F~d_, k:i~ ~s. The-da;.~r~. t =hail establisr ~Fd :~a'.r:t~i:: _ list-e€-s~+sr "-a-dissk~afQa" :~a~~:xes: j. Stormwater Quality Permits: Refer to Chapter 14-6, Grading Standards, of the Vail Town Code. Section 2. Chapter 14-2, Definitions, Vail Town Code, shall hereby be amended with • the following additions: (additions are shown in bold) Ordinance No. 3, Series of 2005 2 ~ ~ { . COLORADO DISCHARGE PERMIT SYSTEM (CDPS) State of Colorado regulation (5 CCR 1002-61) and as amended which covers discharges from specific types of industries including construction sites, and storm sewer systems for municipalities as part of the Water Quality Control Division (Division) under the Colorado Department of Public Health and Environment (CDPHE). CONSTRUCTION ACTIVITY Construction activity includes clearing, grading and excavation activities. Construction does not include routine maintenance performed by public agencies, or their agents to maintain original line and grade, historical hydraulic capacity, or original purpose of the facility. CPESC Certified Professional in Erosion and Sediment Control. DEVELOPMENT All activities involving earth disturbance and requiring a building or grading permit, including but not limited to, commercial or industrial developments, single or multi-family housing, construction of structures, road and driveways, and installation of utilities. DISTURBED AREA That area of the land's surtace disturbed by any work or activity upon the property by means including but limited to grading; excavating; stockpiling soil, fill, or other • materials; clearing; vegetation removal; removal or deposit of any rock, soil, or other materials; or other activities which expose soil. Disturbed area does not include the tillage of land that is zoned for agricultural use. It also does not include performance of emergency work necessary to prevent or ameliorate an immediate threat to life, property, or the environment. Any person performing such emergency work shall immediately notify the Town Engineer of the situation and the actions taken. The Town Engineer may, however, require such person to obtain a stormwater quality permit to implement remedial measures to minimize erosion resulting from the emergency. DRAINAGEWAY. Any natural or artificial stream, swale, creek, river, ditch, channel, canal or other open intermittent watercourse. EROSION The process by which the ground surface is worn away by action of wind, water, gravity, or a combination of thereof. EROSION AND SEDIMENT CONTROL PLAN A plan to minimize erosion and on site sedimentation resulting from construction activities. The plan should include detailed information about the site; planned construction activities and best management practices (BMPs) to implement that can minimize on-site erosion and transport of sediment off-site during construction. • Ordinance No. 3, Series of 2005 3 I • FINAL STABILIZATION When all soil disturbing activities at the site have been completed, and uniform vegetative cover has been established with a density of at least 70 percent of pre- disturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. For purposes of this section, establishment of a vegetative cover capable of providing erosion control equivalent topre-existing conditions at the site is considered final stabilization. LAND-DISTURBING ACTIVITIES Any mechanical activity which alters the surface of the earth and exposes the same to the elements of wind, water, or gravity. Land-disturbing activities include grading, filling, excavating, and soil storage. Agricultural activities are exempt from this definition. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) A system of conveyances owned and operated by the Town of Vail used in the collection, treatment or disposition of storm, flood or surface drainage waters, including manmade structures and natural watercourses and/or floodplains for the conveyance of runoff, such as detention or retention areas, berms, swales, improved watercourses, channels, bridges, gulches, streams, rivers, gullies, flumes, culverts, gutters, pumping stations, pipes, ditches, siphons, catch basins, inlets, pumping plants and other equipment and appurtenances and all extensions, improvements, remodeling, additions and alternations thereof; and any and all rights or interests in such stormwater facilities, and which is not used for collecting or conveying sewage. • OPERATOR The Individual who has day to day supervision and control of activities occurring at the construction site. This can be the owner, the developer, the general contractor or the agent of one of these parties, in some circumstances. It is anticipated that at different phases of a construction project, different types of parties will satisfy the definition of an "operator" and the pertinent portions of any applicable State of Colorado permit will be transferred as the roles change. PROPERTY OWNER The record owner of the property or properties, who is the responsible party for the Town of Vail stormwater quality permits. ORDINARY HIGH WATER MARK. The line between upland and bottomland which persists through successive changes in water levels, below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil itself, the configuration of the surface of the soil and the vegetation. On an inland lake which has a level established bylaw, it means the high established level. Where water returns to its natural levels as the result of the permanent removal or abandonment of a dam, it means the natural ordinary high water mark. • PERMANENT SOIL EROSION CONTROL MEASURES Those control measures which are installed or constructed to control soil erosion and Ordinance No. 3, Series of 2005 4 • which are maintained after completion of all grading and earth disturbance activities. POINT SOURCE Any discernible, confined and discrete conveyance from which pollutants are or may be discharged. Point source discharges of stormwater result from structures, (e.g., roofs, roads, side walks, parking lots, etc.), which increase imperviousness of the ground which acts to collect runoff, with runoff being conveyed along the resulting drainage or grading pattern. RECEIVING WATER Any water of the State of Colorado into which stormwater related to construction activities discharges. RIPARIAN ZONE The area located betweens the water's edge of aquatic ecosystems (rivers, streams, takes, ponds, springs and seeps) and upland areas, whose soils allow for or tolerate a high water table, and provide sufficient moisture in excess of that otherwise available locally so as to provide a more moist habitat than that of contiguous floodplains and uplands. Riparian areas are composed of interacting assemblages of plants, animals and aquatic communities whose presence is either directly or Indirectly attributed to water-Influenced or water-related factors. Riparian areas produce a diversity of vegetative forms, sizes and species and a density of vegetation that makes them among the most productive habitats for wildlife. Areas exempt from this definition are manmade agricultural structures and devices such as irrigation ditches, sprinklers, • and artificial ponds, except when mitigation requires creation or replacement of wetlands and/or riparian areas. SPILL An unintentional release of solid or liquid material which may cause pollution of the MS4 or waters of the State. STORMWATER Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. STORMWATER MANAGEMENT PLAN (SWMP) A written plan to minimize pollutants in stormwater discharged from construction sites as required under the Colorado Discharge Permit System (CDPS) General Permit for stormwater Discharges Associated with Construction Activity. This plan includes a site description and map, identifies best management practices for implementation at the site and identifies maintenance and inspection requirements for these best management practices. STORMWATER QUALITY CONTROL PLAN A plan to control pollutants transported in stormwater prior to pollutants entering waterbodies. stormwater quality control plans in the context of these regulations refer to post-development stormwater flows, rather than stormwater flows under • construction conditions. stormwater Quality Control Plans should be based on best management practices (BMP's) such as avoiding direct discharge into Ordinance No. 3, Series of 2005 5 waterbodies, minimizing directly connected impervious area, use of detention ponds, and other BMP's. TEMPORARY SOIL EROSION CONTROL MEASURES Interim control measures which are installed or constructed and maintained whenever grading or other earth disturbance is to occur for the purpose of soil erosion control until permanent soil erosion control is effected. WETLAND Wetlands means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally Include swamps, marshes, bogs and similar areas. For purposes of these regulations wetlands do not include areas that are saturated solely by the application of agricultural irrigation water. Manmade lakes and ponds built for the purpose of detaining runoff are not considered wetlands in the context of these regulations. Section 3. Chapter 14-6, Grading Standards, Vail Town Code, shall hereby be amended with the following additions: (additions are shown in bold) STORMWATER QUALITY PERMITS • A. PURPOSE, INTENT, AND LIABILITY 1. Purpose: The preservation of wetland and water areas, serves to prevent water quality degradation of Gore Creek and its tributaries the natural and several manmade ponds to the Town of Vail. Protection of ecosystems, aquatic habitats, and wildlife habitats, especially habitats for state or federally designated threatened or endangered species, to preserve ground water recharge functions, and preserve natural flood plain control. 2. Intent: The intent of this chapter Is to enhance the quality of water in the Town's drainage ways and subsequent receiving waters by establishing requirements for stormwater quality permits for construction and development, to prevent soil erosion and sedimentation from leaving construction activities within the Town in order to protect the vital, beneficial functions and values of wetlands, streams, riparian zones or areas and water bodies within the Town. 3. Liability: Any person who undertakes or causes to be undertaken any activity which involves disturbance of the land's surface shall ensure that soil erosion, sedimentation, increased pollutant loads and changed water flow characteristics resulting from the activity are controlled so as to minimize pollution of receiving wa#ers. The requirements of this section are minimum standards and a person's compliance with the same shall not relieve such • person from the duty of enacting all measures necessary to minimize pollution of receiving waters. Ordinance No. 3, Series of 2005 6 • B. PERMIT REQUIRED It shall be unlawful for any person to conduct any activity resulting in the disturbance of any land areas within the riparian zone, or resulting in a total disturbed area of at least acre, without first obtaining a stormwater quality permit from the Town. Total disturbed area includes any land within a project that meets the definition of "disturbed area," whether or not such parcels are contiguous. Regardless of total disturbed area, the Town may also require a stormwater quality permit in conjunction with the approval of a final subdivision plat, conditional use permit, or development plan. The Town may also require a stormwater quality permit for a disturbed area of less than'/z acre that is part of a larger common plan of development. It shall be unlawful for any such person to fail to obtain a stormwater quality permit. Issuance of a permit by the Town of Vaii does not exempt the parties from obtaining any permits required by the State of Colorado or the Federal Government. C. PERMIT APPLICATION Persons required to obtain a stormwater quality permit shall complete and file • with the Town an application on a form prescribed by the Town, in accordance with the requirements of this section with the building permit application prior to the beginning of construction activities. In support of the application, the applicant shall submit all information required on the Town's form and any additional information requested by the Town. A separate application shall be required for each stormwater quality permit along with plans, specifications, and timing schedules for all earth disturbances. Where the permittee fails to submit any relevant facts in a permit application or report to the Town, the permittee shall promptly submit the relevant application information which was not submitted or any additional information which was not submitted or any additional information needed to correct any erroneous information previously submitted. D. PROCEDURE FOR REVIEW OF APPLICATIONS Unless otherwise stated in this regulation, the submission of an application for, determination of the completeness of, staff review of, and notice and scheduling of public hearings on all applications for storm water quality permits shall comply with the procedures this subsection. 1. Initiation. Applications for a stormwater quality permit shall be submitted to the Community Development Director and Town Engineer by the owner, or any other person having a recognized interest in the land for which the development is proposed, or their authorized agent. a. Applicant is Not the Owner. If the applicant is not the owner of the • land, or is a contract purchaser of the land, the applicant shall Ordinance No. 3, Series of 2005 7 • submit a letter signed by the owner consenting to the submission of the application. b.~ Applicant if Not the Sole Owner. If the applicant is not the sole owner of the land, the applicant shall submit a letter signed by the other owners or an association representing the owners consenting to or joining in the application for a stormwater quality permit. 2. Minimum Contents of Application. The application shall be submitted in a form established by the Town of Vail and made available to the public a. Determination of Completeness. The Community Development Director or Town Engineer shall determine if the application is complete and includes data in sufficient detail to evaluate the application to determine whether it complies with the appropriate substantive requirements of these Water Quality Protection Standards. b. Applicants' identify. The applicant's name, mailing address, telephone and fax number. If the applicant is to be represented by an agent, a letter signed by the applicant granting power of attorney to the agent shall be submitted, authorizing the agent to represent the applicant and stating the representative's name, mailing address, telephone and fax number. c. Legal Description. The legal description and street address, if such exists, of the parcel on which stormwater quality controls are • proposed to occur. d. Disclosure of Ownership. Adisclosure of ownership of the property upon which the stormwater quality permit is proposed to occur, listing the names of all owners of the property, and all mortgages, judgments, liens, easement, contracts and agreements that run with the land. The disclosure of ownership may be in the form of a .current certificate from a title insurance company, deed, ownership and encumbrance report, attorney's opinion or other documentation acceptable to the Town Attorney. e. Vicinity Map. An eight and one-half (8'/s) inch by eleven (11) inch vicinity map, locating the subject parcel within the Town of Vail. f. Streamside zone setback delineation. A property which is shown to include a stream and/or wetland shall be required to provide a survey or dimensional site plan, drawn at an engineering scale of 1:20, showing properly Tines, buildings and any points of reference from the streamside zone setback to the Town of Vail. g. Written Description. A written description of the proposal and an explanation in written, graphic or model form of how the proposed development complies with the stormwater quality standards regulation. h. Environmental Impact Report, when applicable. i. Adjacent Property Owners. A list of all properly owners, compiled by the applicant using the most recent Eagle County tax rolls, is • required for ail applications and shall be submitted to the Community Development Director as part of the application for Ordinance No. 3, Series of 2005 $ • development. In addition to submitting a written list, the applicant shall also submit the addresses on adhesive labels or in the form of pre-addressed envelopes. j. Determined Incomplete. If the Community Development Director or Town Engineer determines the application is incomplete, a written notice shall be mailed to the applicant specifying the application's deficiencies. No further action shall be taken on the application until the deficiencies are remedied. if the applicant fails to correct the deficiencies within sixty (80) calendar days, the application shall be considered withdrawn and returned to the applicant. The applicant may appeal the Community Development Director's determination to the Planning and Environmental Commission (PEC) pursuant to Section 3 (E) of these Water Quality Protection Standard Regulations. E. PERMIT ISSUANCE/DENIAL The Town shall have up to ten (10) working days after receipt of the complete application to request additional information and/or deny the permit. Upon receipt of the corrective information, the Town shall have an additional ten working days to Issue or deny the permit. If a permit is denied, the applicant shall be notified of such in writing. The notification shall set forth the grounds for denial and inform the applicant of what corrective actions must be taken to obtain a permit. An applicant may appeal the • denial in writing to the PEC no later than thirty calendar days from the date of issuance denial. The appeal must set forth the grounds for the appeal and Include any documents in support of the applicant's appeal. The PEC shall within thirty (30) calendar days of receipt of an appeal rule on the matter based solely upon review of the application, denial, appeal, and all documents related thereto. The parties shall receive written notice of the PEC's decision. F. STORMWATER MANAGEMENT PLANS A Stormwater Management Plan (SWMP) is required to be submitted with the application and shall be prepared in accordance with all of the requirements of the most recent SWMP guidance document prepared by the CDPHE and good engineering, hydrologic and pollution control practices. Prior to commencement of construction activities, the SWMP shall be implemented for the construction site covered by the permit. 1. Signatory Requirements. All plans shall be signed and certified for accuracy by the operator. 2. 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 provides to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with construction activities. • G. RESPONSIBILITY OF PERMITTEE Ordinance No. 3, Series of 2005 9 During construction activities the permittee shall be responsible for: 1. The prevention of damage to any public utilities or service within the limits or grading and along any routes of travel of the equipment; 2. 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); 3. Carrying out the proposed work in accordance with the approved SWMP and incompliance with all the requirements of the permit and this section; 4. The prompt removal of all soil, miscellaneous debris, materials applied, dumped, or otherwise deposited on public streets, highways, sidewalks, or other pubic thoroughfares or any other non-authorized offsite location, during transit to and from the construction site, or otherwise, where such spillage constitutes a public nuisance, trespass or hazard in the determination of the Town Engineer or a Court of competent jurisdiction; and 5. In addition to the actual construction activities, the following types of activities must be evaluated for the reasonable potential for contributing pollutants to runoff: loading and unloading operations, outdoor storage activities; vehicle and equipment maintenance and fueling; significant dust or particulate generating processes; and on-site waste disposal practices. H. GENERAL REQUIREMENTS • 1. Stormwater discharges from construction activities shall not cause or threaten to cause pollution, contamination or degradation of water of the State; 2. Based on an assessment of the potential of various sources at the site to contribute pollutants to stormwater, the SWMP shall include a description of reasonable and appropriate control measures that will be implemented , at the site; 3. All temporary erosion control facilities intended to control erosion and sediment of any earth disturbance operation shall be installed before any construction activities take place; 4. The selection, design and installation of appropriate structural and nonstructural BMPs must be done in accordance with the latest version of the Urban Drainage and Flood Control District's Urban Storm Drainage Criteria Manuals (Vol. 3); 5. Any earth disturbance shall be conducted in such a manner so as to effectively reduce accelerated soil erosion and resulting sedimentation. 6. Ail earth disturbances shall be designed, constructed and completed in such a manner so that the exposed area of any disturbed land shall be limited to the shortest possible period of time; 7. Sediment caused by accelerated soil erosion shall be minimized from runoff water before it leaves the site of the disturbed area; 8. Any temporary or permanent facility designed and constructed for the conveyance of water around, through, or from the earth disturbance area shall be designed to limit the water flow to anon-erosive velocity; • Ordinance No. 3, Series of 2005 1 ~ • 9. Construction site operators shall control waste such as but not limited to discarded building materials, concrete truck washout, chemicals, litter, and ' sanitary waste at the construction site that may cause adverse impacts to water quality. 10. All discharges authorized by the Town shall be composed entirely of stormwater and discharges of material other than stormwater must be addressed in a separate permit issued by the State of Colorado for that discharge: 11. Discharges exempt from discharge prohibitions [this area refers to an Illicit Discharge Ordinance] that are combined with stormwater discharges associated with construction activity are authorized; a. Landscaping irrigation b. Lawn watering c. Diverted stream flows d. Irrigation return flow e. Rising ground waters f. Uncontaminated ground water infiltration {as defined in 40 CFR 35.2005(20)} g. Uncontaminated pumped ground water h. Natural Springs i. Flow from riparian habitats and wetlands j. Water line flushing k. Discharges from potable water sources I. Foundation drains • m. Air conditioning condensation n. Water from crawl space pumps o. Footing drains p. Individual residential car washing' q. De-chlorinated swimming pool discharges r. Street wash water 12. Concrete wash water shall not be discharged to the MS4 or waters of the State; 13.Off--site, vehicle tracking of sediments shall be minimized. Vehicle tracking on Town streets shall not be allowed to enter the MS4 or waters of the State; all streets shall be scrapped and cleaned by the end of each day; 14. The bypass of treatment facilities is generally prohibited; 15. Bulk storage structures for petroleum products and other chemicals shall have protection so as to contain all spills and prevent any spilled material from entering the MS4 or waters of the State; 16. No chemicals are to be added to the discharge unless the State of Colorado grants permissions for the use of a specific chemical and documentation of which is presented to the Town; 17. Solids, sludge or other pollutants removed in the course of treatment or control of wastewaters shall be properly disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the States; 18. Ali wastes composed of building materials must be removed from the site • for disposal in licensed disposal facilities. No building material wastes or Ordinance No. 3, Series of 2005 11 unused building materials shall be buried, dumped, or discharged at the site; 19. All discharges must comply with the lawful requirements of the Town of Vail, and other agencies regarding any discharges of stormwater to the MS4 or waters of the State under their jurisdiction, including applicable requirements; 20. Temporary soil erosion control facilities shall be removed upon completion of all construction activities final stabilization, and earth disturbance areas graded and stabilized with permanent soil erosion control measures pursuant to the standards and specifications prescribed in the latest revision of the stormwater management plan guidance document prepared by the CDPHE and in accordance with the permanent erosion control features shown on the SWMP approved by the Town. I. SITE INSPECTIONS Inspections shall be completed on a form prescribed by the Town. [e.g., CDOT's inspection form as a template]. 1. Active Sites -For sites where construction has not been completed, the permittee and/or operator shall make a thorough inspection of their SWMP at least every 14 days and after any precipitation or snowmelt event that causes surface erosion. a. The construction site perimeter, disturbed areas and areas used for material storage that are exposed to precipitation shall be inspected for evidence of, or the potential for, pollutants entering the drainage • system. Erosion and sediment control measures identified in the SWMP shall be observed to ensure that they are operating correctly. b. Based on the results of the inspection, the description of potential pollutant sources, and the pollution prevention and control measures that are identified in the site's SWMP shall be revised and modified as appropriate as soon as practicable after such inspection. Maintenance and/or modifications to control measures shall be completed in timely manner, but in no case more than 7 calendar days after the inspection. c. The permittee and/or operator shall keep a record of inspections on the project site at all times. Any incidence of non-compliance, such as uncontrolled releases of mud or muddy water or measurable quantities of sediment found off the site, shall be recorded with a brief explanation as to the measures taken to prevent future violations, as well as any measures taken to clean up the sediment that has left the site. After adequate measures have been taken to correct any problems, or where a report does not identify any incidents of non-compliance, the report shall contain a signed certification indicating the site is in compliance. This record shall be made available to the Town of Vail or State of Colorado upon request. 2. Completed Sites -For sites where all construction activities are completed but final stabilization has not been achieved due to a vegetative cover that has been planted but has not become established, the permittee and/or • operator shall make a thorough inspection of the SWMP at least once every Ordinance No. 3, Series of 2005 12 month. When site conditions make this schedule impractical, the permittee and/or operator may petition the Town to grant an alternate inspection schedule. These inspections must be conducted in accordance with subparagraphs a, b, and c of subparagraph (1) above. 3. Winter Conditions -Inspections, as described above in subparagraphs a. and b., are not required at sites where snow cover exists over the entire site for an extended period, and melting conditions do not exist. The exemption is applicable only during the period where melting conditions do not exist. Regular inspections, as described above, are required at ail other times. J. REPORTING No regular reporting requirements are included in this section; however, the Town reserves the right to request that a copy of the inspection reports be submitted. K. FINAL STABILIZATION 1. Final stabilization is reached when all soil disturbing activities at the site have been completed, and uniform vegetation cover has been established with a density of at least 70 percent ofpre-disturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. For purposes of this requirement, establishment of a vegetative cover capable of providing erosion control equivalent to pre-existing conditions at the site can be considered final stabilization. The Town may, after consultation • with the permittee and/or operator and upon good cause, amend the final stabilization criteria for specific operations. 2. Permanent soil erosion control measures for all slopes, channels, ditches, or any disturbed land area shall be completed within fourteen (14) calendar days after final grading or the final earth disturbance has been completed. When it is not possible to permanently stabilize a disturbed area after an earth disturbance has been completed or where significant earth disturbance activity ceases, temporary soil erosion control measures shall be implemented within fourteen (14) calendar days. Ail temporary soil erosion control measures shall be maintained until permanent soil erosion measures are implemented. L. RETENTION OF RECORDS 1. The permittee shall retain copies of the SWMP and all reports required by this permit and records of all data used to complete the application to be covered by this permit, for a period of at least three years from the date that the site is finally stabilized; 2. The permittee shall retain a copy of the SWMP required by this permit at the construction site from the date of project initiation to the date of final stabilization, unless the Town approves another location, specified by the permittee. M. CHANGE IN DISCHARGE The permittee shall inform the Town Engineer within two weeks in writing of any • intent to significantly change the activities from those indicated in the permit application (this does not include changes to the SWMP). Upon request, the Ordinance No. 3, Series of 2005 13 permittee shall furnish the Town with such plans and specification, which the Town deems reasonable necessary to evaluate the effect on the discharge and receiving water. The SWMP shall be updated within 30 days of the changes. Any discharge to the waters of the State from a point source other than specifically authorized in this section is prohibited. N. OPERATION AND MAINTENANCE REQUIREMENTS The owner shall be responsible for the maintenance of all permanent quality measures enacted pursuant to this chapter. All temporary stormwater quality control measures shall be removed after work on the site has been completed and the measures are longer needed. Should any property owner fail to adequately maintain the permanent stormwater quality measures or remove the temporary measures, the Town may, after notifying the owner of the required maintenance and/or removal and the owner failing to perform such maintenance and/or removal, enter the affected property and perform or cause to be performed the required work and assess the charge for such work against the properly owner, in accordance with the procedure set forth In Section Q., 1., 2., 3., and 4., remedies for noncompliance. O. TRANSFER OF PERMIT When the responsibility for stormwater discharges at a construction site changes from one owner to another, the permittee shall submit a completed Notice of Transfer and Acceptance of Terms of a Stormwater Quality Permit Certification on a form prescribed by the Town that Is signed in accordance with subsection (D), (1) of this section. If the new responsible party will not complete the transfer form the permit may be inactivated and the new owner shall obtain permit coverage separately. P. INSPECTIONS AND RIGHT OF ENTRY The permittee shall allow the Town Engineer and/or an authorized representative: 1. To enter upon the permittee's premises where a regulated facility or activity is located or in which any records are required to be kept underthe terms and conditions of the permit; 2. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit and to inspect any monitoring equipment or monitoring method required in the permit; and 3. To enter upon the permittee's premises to investigate, within reason, any actual suspected, or potential source of water pollution, or any violation of the Colorado Water Quality Control Act. The investigation may include, but is not limited to the following: sampling of any discharge and/or process waters, the taking of photographs, interviewing permittee staff on alleged violations, and access to any and all facilities or areas within the permittee s premises that may have any effect on the discharge, permit or alleged violation. Q. REMEDIES FOR NONCOMPLIANCE 1. Compliance orders. Whenever the Town determines that any activity is occurring which is not in compliance with a stormwater quality permit • and/or the requirements of this ordinance, the Town may issue a written Ordinance No. 3, Series of 2005 14 noncompliance order to such person or permittee. The person or permittee shall submit a written compliance schedule to the Town Engineer with in five (5) days. The schedule shall contain specific actions the permittee/operator must complete, including dates for the completion of the actions. It shall be unlawful for any person to fail to comply with any compliance order requirement. 2. Suspension and revocation of permit. The Town may suspend or revoke a stormwa'ter quality permit for violation of any provision of this section, violation of the permit, and/or misrepresentations by the permittee or the permittee's agents, employees, or independent contractors. 3. Stop work orders. Whenever the Town determines that any activity is occurring which is not in compliance with an approved permit and/or the requirements of this ordinance, the Town may order such activity stopped upon service of written notice upon the permittee and/or operator responsible for or conducting such activity. Such permittee and/or operator shall immediately stop ail activity until authorized in writing by the Town to proceed. If the appropriate permittee 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. The notice shall state the nature of the violation. The notice shall not be removed until the violation has been cured or authorization to remove the notice has been issued by the Town. It shall be unlawful for any permittee and/or operator to fail to comply with a stop work order. 4. Civil proceedings. In case of any violation of any provision of this • ordinance, or any amendment thereof, the Town of Vail may, at its discretion, initiate civil proceedings, including injunction, mandamus, abatement, declaratory judgment or other appropriate actions or proceedings, to prevent, enjoin, abate, remove, or otherwise correct any such unlawful condition. Civil remedies provided for under this section are not exclusive and shall not preclude prosecution for criminal violations under the provisions of this section. R. SECURITY REQUIREMENTS As a condition for the issuance of a stormwater quality permit, applicants shall be required to provide security in the form of cash escrow or an irrevocable letter of credit. The amount of the security shall be based upon the estimated cost of the work required to ensure compliance with the terms and conditions of the permit and requirements of this section. In determining the cost of work, an administrative fee of 15% of the escrow amount shall be included. S. RELEASE OF SECURITY The security shall be released when the permit has been inactivated upon the Town's determination that the permittee has successfully completed all required work and met all other requirements of this section. T. ASSESSMENT If the permittee does not successfully complete all required work or violates any • requirement of the permit or this section, the Town may take corrective measures and charge the cost of such to the permittee. Such costs shall include the actual Ordinance No. 3, Series of 2005 15 cost of any work deemed necessary by the Town. 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 Town. U. ESTABLISHMENT OF FEES The Town Council shall, by resolution, establish all fees and charges deemed necessary by the Town to implement the requirements of this section. V. VARIANCES AND EXCEPTIONS No permits shall be required for the following: 1. Agricultural use of land zoned rural residential. 2. Grading or an excavation below finished grade for basements, footings, retaining walls, or other structures on plots of less than half (1/2) acre in size unless required otherwise under Section 3 (B) above. If groundwater is encountered, the owner must contact the Town engineer and obtain a groundwater discharge permit. 3. Sites smaller than one half (1/2) acre which are not part of a larger common plan of development or sale and which constitute an inflll of an established older development within the Town. 4. Where the applicant's engineer or CPESC professional certifies in writing that the planned work and the final structures or topographical changes will not result in or contribute to soil erosion or sedimentation and will not • interfere with any existing drainage course 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, will not present any hazard to any persons or property and will have no detrimental influence upon the public welfare or upon the total development of the watershed. 5. Even though permits are not required under subsections V. 1., 2., 3., and 4., of this section, those operations and construction activities which are exempted from obtaining permits must comply with the rules and regulations concerning grading and erosion specified In this section, and shall provide appropriate controls to retain soil erosion on the construction site. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. • Section 5. The Town Council hereby finds, determines and declares that this Ordinance No. 3, Series of 2005 16 . , f ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1St day of February, 2005, and a public hearing for second reading of this Ordinance set for the 1St day of March, 2005, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. TOW ` ~ ~ ; ~ Rodney ~ Slifer, I~tYayor ATTEST: •;y ; r 1 ~I rele' Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 1St day of March, 2005. /co.~N ~OF ~~~1 • C-, F~odney E: Slifer, Ma'yo~ ATTEST: cOLORPO~ ~ ~ i~ • orel Donaldson, Town Clerk Ordinance No. 3, Series of 2005 17 ` U ~ t _i `J ~ Q x~ N O O ~ ~,-~,t,~ ~ ~ ~ ~ O U O O v y p ~ q ~ ~ a~ F O ' O U ~ ~ V tiZ c6 ~ H ~ ~ 7 'b yC ¢ ~ P+ cd cd t ~ C (U ~ ~ H yy, y ~ ~ N w0 ~ ~ ~ ~ ~ y ed ~ 7< Vl ~ ~ C) '."4 c~ '4 1t1 ~p H T ry m ~ ~ ~ ~ ~ ~ ~ ~ N A ca U ~ h O I ~o°v°~ c ~ d d ~ ~ ~ ~ 0 0 ~.b o ~ ~ ~ ~ ~ ~ p ~ ~ ~ ~ a' ~ ~ awi ~ ~ G ~ p w ~ v :fiee P+ A WWp Fes" 't3 ~ O N ~ G ~ y ~ 7 m-, ~ w o ~ a o . 7 ~ ~ W ~ .V. ~ D v-~ y 7 .D `r i ~ i 1~jJ Q 0 `n G ~ Ot3,,,, ~ Gr ~ p ~ ~ ~ d H p W ~ G U O ~ tp0 ~ d ~T" • ~n N ~ G~ W7 rah ~ ~ . d p `n ~ a" 'G ~ ~ ~ ~ ~ ,~N V V ~ p cd ~ ~ y N ~ y a 0 ° a v~ v o chi ~ 3 v ~ ~ Q ~ U O N v Q.+. d ~ y p, R~ P~ y p ~ w ~ O ,fl ~ ono r W W ~ T cd ~ S ~ ~ C ~ `n O O © `~'As~~°,HU a ~ U ` Pale 628 - Tuesday. February 8. 2005 Ths Daily Classllleds 970.845.9937 / vaildailv.com ORDINANCE NO. 3 SERIES OF 2005 AN ORDINANCE AMENDING SECTION 12-i 1 J, That area of the lantls surface tlisturbetl by any work or lectors. Riparian areas produce a tliversiry of vegetative PERMIT APPLICATION MATERIAL TO BE SUBMITTED, PROCEDURE. VAIL activity upon the property Dy means inclutling but limned forms, saes and species antl a tlensiry of vegetation that Persons requiretl to obtain a slormwaler quallry permit TOWN CODE, CHAPTER 14-2, DEFINITIONS, VAIL to grading: excavating, Siockpihng sail, fill, or other makes them artrong the most productive haDitels for Snell Complete and file with Ina Town an application on a TOWN CODE. AND CHAPTER 14-6, GRADING materials; clearing; vegetation removal, removal or wiltllife Areas a%empl from this tlefinition are manmatle loan prescribed by the Town, in accordance with the STANDARDS, VAIL TOWN CODE, ANO SETTING FOR tleposit of any rock, sail, or other materials, or other agnculturel strucures and devices such as irrigation requirements of this section with the building permit DETAILS IN REGARD THERETO. activities which expose soil. Disturbed area does not tlilches, sprinklers, and artificial ponds, except when application prior to the beginning of construction Include ilia tillage of lantl Ihal is zDnatl for agricultural mnigalion requites creation or replBCemeni of wetlands aCtivilies. In support of the application, Ne applicant WHEREAS. lantl development projacls antl associaletl use. It also does not include penormance of emergency and/or nparien areas. shall submit all information equred on Ina Tpwn's loan increases in Impervious cover alter Ne hytlrologic work necessary to prevent a ameliorate an immetliate antl any adtlitional Information requesletl by the Town. A • resPOnse of local watersheds antl increase stormwater Ihreet to Ills, Property. or the environment. Any person SPILL separate aPPlication snail be regwred for each runoff rates and volumes, fleotling, stream channel performing such emergency Work shall immediately An unintentional release of sdlitl or liquid malenal which slormwaler quality permit along with plans. erosion, and setliment transport and deposition, antl notiry (rte Town Engineer of the situation and the actions may cause pollution of the MSI or waters of the Stale. specnlcallons, and liming schedules for all earth taken Tha Town Engineer may, however, require such disturbances Where Ne permittee fans to submit any WHEREAS Inis stormwater runoff conirlDutes to person to obtain a stormwater quallry permit to STORMWATER relevant lads in a permit application or report to the increasetl quantities of water-borne pollutants, antl implement remedial measures to minimize erosion Any surface Ilow, runoh, and drainage consisting entirely Town, the permittea shall promptry submit the relevant stormwater runoff, soil erosion antl non point source resulting from the emergency of water from any form of natural precipitation, and application inbrmalion which was not submitted or any pollution can be controlled end minimizetl Nrough Ise resulting Iron such preCipileiion additional information which was not submitted or any regulation or erosion control and stormwater quallry DRAINAGEWAY adtlitional inbrmalion neetletl Iq correct any erroneous assorialetl with construction aclivilias, and Any natural or artificial stream, Swale, creek, river, ditto, STORMWATER MANAGEMENT PLAN (SWMP) information previously subminetl. channel, canal or other open Intermilteni watercourse. A written plan Io minimize pollutants In stolmweier WHEREAS, the Environmental Protection Agency has dlschargetl from PROCEDURE FOR REVIEW OF APPLICATIONS promulgated regulations pursuant to Phase II of the EROSION construction sites as required under the Colpratlo Unless otherwise slated in Inis regulation. the submisson National PolWtanl Discharge Elimination System as part The process by which the ground surface is worn away Discharge Permit System of an application for, deiertrnnatan of Ina completeness of the Clean Water Acl, and has required Ina by action of wind, water, gravity, or a combination o/ (CDPS) General Permit for Slormweter Discharges ol, Stott review ol, and notice antl scheduling of public implemenlalion of a slormwaler quallry ordinance in thereof Associaletl wim Consruction hearings on all epphcaligns Ia storm water quallry order to rti9ei requirements of the stormwater discharge Activity This plan includes a site description antl map, permits Shell comply With Ne proCedurea ihie permit Issuetl by the State of Colorado: antl EROSION AND SEDIMENT CONTROL PLAN itlenlilles best subsection. A plan Iq minimize erosion and m site setlimentation management practices for implementation at the site and WHEREAS, sail erosion antl stream channel erosion resulting from Construction ~ Itleniilles mantenance Initiation. Applications Iw a stornrv.•aler quahry permit make necessary costly repairs Ib gullies, washed out tills, activities The plan shoultl inclutle tlelailetl information antl inspection requrtemenis for these best management shall be submitted to the Community Development roads antl embankments. and the resuning setliment about the site, planned practices. Director and Town Engineer by the owner, or any other clogs storm sewers end road tlitcnes. leaves deposits of construction ectlvities antl best management practices person having a recognizetl interest in me Und for which sill in streams, and Is considered a significant water (BMPs) to Implement that can minimize on-site erosion S70RMWATER QUALITY CONTROL PLAN the d.. „ ,.,it is proposed, a Ineir authpizetl agent. pollutant associated with stormwater runoh; antl antl transport of setliment oh-site during construction. A plan to control pollutants hansported m stormwater prior to pollutants enfenng Applicant is Nol me Owner. II Ina applicant is not Xle WHEREAS regulations limiting soil erosion end stream FINAL STABILIZATION walerDOdies. stormwater quahry control plans In the owner of the lantl, or is a contract purchaser of the lantl, channel eroson are In the public interest and will prevent When all soil disturbing activities at the site have been context of these regulations the applicant shall submit a letter signed by Ina owner threats to public health antl salary; end compleletl, and uniform vegetative cover has been refer to post-tlevelopmenl stormwater flows, rather than consenting to the submission of the application established with a density of at least 70 percent of pre- stormwater flows under Applicant it Not ilia Sole Owner. I the applicant is not Ina WHEREAS, the PlBnnutg and Envronmental Cormmssion tli5iurbanc0 levels, pr Bquivaleni permanent, physical construction conditions. Slormweter Quafiry Control soi6 owner of the land. the appl¢ant shall 5ubmii a latter of the Town of Vail has neltl public hearings on Ina erosion retluction methotls have been employed. For Plans should De basetl on signed by Iha oMer owners or an association proposed amentlmenls in accordance with the purposes of this section, establishment of a vegetative bast management practices (BMP's) such as avoiding representing the owners consenting fo or pining in the provisions of the Town Code of the Town of Vail: and cover CepaDle of providing erosion control equivalent to tlirect discharge into aDDlicalion for a stormwater quality permit. pre-existing contlltions at Iha site is considered final waterbotlies, minimizing direcny connectetl impervious WHEREAS, the Planning and Environmental Commission 5labihzalion area, u50 0l tlelention Minrcnum Contents of Applrcetion. The apptitalgn Shell hods Thal the propDSetl amendments lusher me ppntl5, and Omer BMPs. be submitted in a form establishetl by the town of Vail tlevelopmenl objectives of Ise Town of Vait, antl LAND-DISTURBING ACTIVITIES and made available to the public WHEREAS, the Planning and Environmental Commission Any mechanical activity which alters the surtace of the TEMPORARY SOIL EROSION CONTROL MEASURES of the Town of Vail has recommentletl approval of these earth ono exposes the same to Ne elements of wintl, Interim control measures which are installed or Determination of Complelenass. The Community amendments at Its November 6, 2004, meeting, antl has water, or gravity Land-disturbing activities inclutle constructed antl maintained whenever grading ar other Development Director or Town Engineer shall determine Submitted its reCOmmentlation to the Town Council: and grading, tilting, excavating, antl 5DA storage. Agricultural earth tlislurbance is to occur for me purpose of control n Ina application is Canplale antl includes tlate m activities are exempt from Nis tleflmuon. soil erosion control until permanent soil erosion control is sufficient detail to evaluate Iha apphcatron to tletarmine WHEREAS, the Vail Town Council hods that the eflecletl. wneNer it compiles wim the appropriate substantive amendments are consistent with the applicahle elements MUNICIPAL SEPARATE STORM SEWER SYSTEM (M54) requirements of these Water Gualiry Protection of the atlopletl goals, oblectives and policies outlined in A system of conveyances ownetl antl operated by the WETLAND Stantlartls. ine Vail Comprehensive Plan and IS comDeiible with the Town of Vail used in the collection, treatment or Weiland6 means loose are05 foal are inuntletetl m ADPbcenls' Idemity Tne eppllCeni's name, mailing tlevelopmenl objectives of Ina Town, and tlisposilion of storm. flootl or surlaca drainage waters, seNreted Dy surface or groundwater at a Irequency antl edtlreas, telephone antl lax number. If the applicant Is to including manmade structures end natural watercourses duration suRiaent to support and that under normal be represented by an agent, a lever signed by the WHEREAS, the Vall Town Council finds that the antl/or flootlplains for the conveyance of runoff. such as circumstances tlo support, a prevalence of vegetation applicant granting power of anorney to Ina agent shall be amendments further the general and specific purposes detention or retention areas, berms, swelas, improvetl typically etlepfetl for file in salureletl soil conditions. submitted, authorizing NB agent Io represent the of the Zoning Regulations, and watercourses, channels, bridges, gulches, streams. Wetlands generally include swamps, marshes. bags and applicant antl slating the representatives name, mailing teals, gullies, flumes, culverts, gutters, pumping similar areas. For purposes of These regulations etlWess, telephone antl fax number. WHEREAS, the Vail Town Council lintls that the stations, pipes, tlliches, siphons, catch basins, inlets, wetlands do not include areas that are saturated solely Legal Description. Tne legal description antl street amendments promote the health, safety, morals, antl pumping plants antl other equipment antl by the application of agricultural Irrigation water. address, Ii such exists, of the parcel on which stormwater general welfare of fha Town antl promote me coordinateo appurtenances antl ell extensions, improvements, Manmade lakes antl pontls built for the purpose of quallry controls are proposatl to occur. antl harmonious tlevelopmenl of the Tqwn in a manner remodeling, adtlifoons antl alternations thereof; and any tleleining rurwlf are not considered wetlands in me Disclosure of OwnersMp. A disclosure of ownership of Ihet conserves end enhances its natural environment and and all rights or Interests in such stormwater feGlihes, Cpnle%t of these regWetions ilia property upon which Ina stormwater quality permit is its establishetl character as a resort antl residential and which is not used for collecting or conveying proposatl to occur, listing the nenws W all owners of the • community of the highest quallry, sewage. Section 3. Chapter 74-6, Grading Standards. Vail Town Property. antl ell , NdgrrlerMa. IMre.. - Cotle, shall hereby he amended with the following contracts antl epreements roar run whh tfre land. The NOW, THEREFORE, BE I7 ORDAINED BV THE tOWN OPERATOR additions. disclosure of ownership may be in the form of a currem COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT The intlivitlual who has day to day supervision antl certiflcale from a title insurance company, tleetl, control of aaivfnes occurring al the construction site. S7ORMWATER QUALITY PERMITS ownership and encumbrance report, attorney's opinion This can be me owner, the deveoper, me general a oMer documentation acceptable to the Town Attorney. Section 1. Section 12.11-4C. Preliminary And Final conhactor or the agent of one of these parties, in some A. PURPOSE, INTEtJT, AND LIABILITY Vicinity Map An eight and one-halt (S irlCh by eleven Design Review, Vail Town Code, shall hereby be circumstances. It Is anticipeletl that el tliflerenl phases (11) inch vicinity map, locating the subject parcel within amentletl as following etltlllwns. of a construction project, diXerent types of parties will Purpose: The preservation of wellentl and water areas, Ina Town of Vail satisty the dellnition of an 'operator' and Ne-DerGnenl serves to prevent water quallry degredet'lon of Gore Streemsitle zone setback tlejmeation. A property which I NPDES Permit: An aDProvetl national pollutant portions of any appbcable State of Colorado permit will Creek and ire Iribularies end the natural end several is shown to include a stream endlor wellentl shell ba discharge ehmmetion system permit for storm water be transferred as me roles change. marlrnatle pgntls in Iha Town of Vail. Proection M required to provide a survey or dimensional site plan, tlischarges to surface waters resulting from ecosystems, aquatic habitats, and wildlife habitats, tlrawn at en engineering scale of 1 20, showing property tlevelopments draining Mx) (2) or rtare acres shell be PROPERTY OWNER especielry habitats for state or fetlerally designated lines, buildings and any poems of reference hom Tne presentetl. In lieu of such permit, Iha developer of an The recortl owner of the property or prgpanies, who is threatened or endangeretl species, to preserve 0round slreemsitle zone setback to Iha Town of Vail. area of two (2) or more acres may plasent a 'no the responsible party fa the Town of Vail stormwater water recharge functions, antl preserve natural Ilood Wrinen Description. A written tlescripibn of the proposal discharge' storm water drainage plan, which may quality permits. plain control. antl an explanation in written graphic or model form of inclutle such measures or tletenlion ponds, nigh turps, now the proposed tlevelopmenl complies wiN the and infiltration galleries. Tne department ql community ORDINARY HIGH WATER MARK. Intent: The intent of Mis chapter is to enhance Ne quallry stormwater quality standards regulation. tlevelopmenl shall esteDllsh antl maintain a list of such The line between upland and bottomlentl which persists of water in the Town's drainage ways end subsequent Environmental Impact Report, when applicahle `rw tlischarge' measures. Through successive changes in water levels, hekwv which receiving waters by establishing requirements for Atljacent Property Owners A list of all property owners, the presence end action of Ina water is so common or stormwater quality permits br construction and compiletl by Ina applicant using the rtpel recent Eeple I stormwater Quality Permits: Rater Iv Chapter 14-6, recurrent mat the character of the land is markatl development, to prevent soil erosion antl sedirrentation County tax rolls, is required iq all applications antl shell Gratling Stantlartls, of the Vail Town Code. tlistinctly from the upland and is apparent in the loll itself, from leaving construction eclivities within the Town in be suDmittetl to the Cortxnuniy Development Director es the configuration of the surlBCe of MB Soil and the order to protect the vital, beneficial functions and values part of the eppkcalion for tlevelopmenl. In atldlaon to 6ecilOn 2 Cnapler 14-2, Definitions, Veil Town Code, vegetation On en inlentl lake which has a level of wetlands, Streams, riparian Zones or areas and water submitting a written list, Ina applicant shall 91ao submit Shen Hereby be won the following esteblisnetl by law, 11 means the nigh estabiishad level. hotlies wimin the Town the addresses on adhesive lapels a In me lam dpre- atltlitions: Where water returns to its natural levels as the resun of atltlressetl envelopes. the permanent renavel or abandonment of a tlam, it Liability: Any parson who undertakes or causes to be Determinatl Incomplete. If the Community Development BUFFER means the natural ordinary high water mark. untleneken any activity which involves disturbance of the Director or Town Engineer determines the aDDlication Is An area atllecenl 1o a water hotly where land Iantl'& surlaCe shell ensure that boil erOSion, mcomplele, a wrinen rgiite Snell Da me1190 to the development or disturbance is reslrictetl When land PERMANENT SOIL EROSION CONTROL MEASURES setlimenletion, increased pollutant bads antl changed applicant specifying Ina eDWications deticiancies. No tlislurbing activities are perminetl within this area, BMPs Those control measures which are instelletl or water Ilaw characteristics resulting hom Iha acliViry are further actim snail De taken on the application until the or other mitigation must DB used to minimize atlverse ConslrgCietl to Conrol soil erosion end which are corllrolletl s0 a5 f0 mmimiEa pollution of receiving waters. delk;ienCies ere remedied, n !nor applicem tails to impacts to Ina water body. maintained alien completion of all gratling and earth The requirements of Nis section are minimum standards correct me tleflciencies within sixty (60) calentlar tlays, disturbance actrvitias. antl a persons Compliance with Ina Same Shell not me application Shall be considered wimdrewn antl COLORADO DISCHARGE PERMIT SYSTEM (CDPS) relieve such person Irom the duty of enacting ell returned to the applicant. Tne applicant may appeal me State of Colorado regulation (6 CCR 1002-61) and as mea5pre6 nBCe65ary lp miplltllZa PglluhOn pl regBlVlbg Community Development Daector's tlelermination to the amended which covers discharges from specific types of waters Planning end Environmental Commission (PEC) pursuant intlustries including construction sites, antl storm sewer to Section 3 (E) III (A) (1) pl (base Water Gualiry systems for municipalities as pen of the Water Gualiry POINT SOURCE B PERMIT REDUIRED Protection Stantlartl Regulations. Control Division (Division) untler Ina Colorado Any tliscemible, confined antl discrete conveyance Irom It shall be unlawful for any person to conduct any activity Department of Public Health and Environment (CDPHEI which pollutants are or may be discharged. Point resWtmg in a total disturbed area of al least'+ acre a any PERMIT ISSUANCEJDENIAL Source tlischarges of siCrmweter result Irom sirpClureS lend areas within the nparien zone wiNOUi first obtaining The Town shall have up to IBn (10) Working tlays after CONSTRUCTION ACTIVITY (e.g., roofs, roatls, sitle walks. parking lots, etc.), which a stormwater quality permit from the Town Total receipt of Tne complete application to request additional Construction activity includes clearing, gratling antl 'increase imperviousness of the ground which acts to tlisturbetl area includes any lantl within a project that information antl/or tleny Ina permit. Upon receipt of the xcavation activities. Construction tloes not Include collect runoh, with runoff being conveyed along Ne meets the tlennition of 'tlisturbetl area," whether or not corrective Information, the Town shall have an atltlilional routine maintenance performetl by public agencies. or resulting drainage or greoing pattern such parcels are contiguous ten working days to issue or deny the perms. ineu agents to maintain original tine antl grade, hi5loriCal hydraulic capacity, or original purpose of the lacillfy RECEIVING WATER Tha Town may also require a slormwaler quality permit n a perms is denied, the applicant shall ba notified of Any water of the Stale of Coloratlo into which slormwaler regardless of Iha size 01 the Iolel tlisturbetl arse in such In writing. The noilhcation Snell set forth the grountls CPESC related to conslrucfipn aclivilies discharges. onjunction wiN approval of a final subtllvision plat, for tlenial and inform the applicant of what corrective CBriifletl Professional in Erosion and Sediment DOnir01 ondiVOnal use permit, or tlevelopmenl plan or new actions must be lakes to obtain a permit An applicant RIPARIAN ZONE tlevelopmenl antl redevelopment projacls that tlisiurb at may appeal ine denial in waling fo the PEC no later Than DEVELOPMENT The area loCaletl betweens the walei's edge of aquatic least ?acre of land. including projects less than ~ acre Ihniy ralentlar tlays Irom the dale of Issuance denial. All activities involving earth tl,sturbance and requiring a ecosystems (rivers, streams, lakes, ponds, springs antl that are part of a larger common plan of development or Tne appeal must sal forth the grounds for the appeal and ouiltling or gratling seeps) and upland areas. whose soils allow for o sale. or are within the riparian zone. nclude any documents in support of the applicants permit, Inclutling but not limited to, commercial or tolerate a high wafer (able, and provitle suficieni appeal The PEC shall within Nirry (30) Calendar tlays of induslnal tlevelopmenis, picture in excess of that otherwise available locally so II Shall be unlewlul Ter any Such person to tail Ip Cbtan a eceipt of en appeal rule on Ise marten basetl Solely upon single Or multi-tamely houvng. Cpnslruction of stiuclurea as to provide a more moist habitat loan loaf of contiguous slormwaler quakily Delmn Issuance of a peimii by Ise w of Ne application. denial, appeal and all patl and dnveway5, floodplains and uplantls Riparian areas are Composetl Town of Vail does not exempt the parries from Onlaining documents related Iharero. The parties shall receive • and installation of utilities. of interacting assemblages of plants animals and any permits required by the State pl Coloratlo or Ilia wrinen notice of the PEC's decision aquatic communities whose presence is either tlirec(ly or Fetleral Government. DISTURBED AREA Intlirectly anributetl to water-influenced or water-related S70RMWATER MANAGEMENT PLANS Tha Dally Claaaiflads 910.845.9937 / vaildaily.com Tuesday, February 8,, 2005 - Pa4e 829 ~ ~ A Slormwaler Manegornnnl Plan (SWMP) is rogwmcl Ic disposorl of in a inannpr such As to pmvanl Any pollutant VARIANC'.FS ANTI t ZCt PIIl1Nti hr. suhnulled w«n Orq applir.gtunl and shall hit pmpanid from sui;li materials from entering waters of the Stat¢s, OPERATION AND MAIMENANCE REQUIREMENTS Nn pnrnuls shati be iegiilrod for Ihr i ntlannn wish all nl Iho mquirai npn4S i,f Tha most All wastes cnmposetl of building materiels must 6¢ The owner shall U¢ respgnsrble for the mainionance of all Inllnwmg ens SWMP guidai~,o dnriimpni prpparrrl by this. nvnd from Ina sale Inr dsposal in licensed disposal permanent cµiatily mea6uree ena610d pwsuani to this C~DPf If and gimdri~giiinrr.inl, nydrnl, qyc. and pnllnhnn larrbtips Nn building marniral wastes gr unused building rnapmr All Igmpnrary stnrmwaler qualrly control Agnculliirnlii~.,; ,,l land rr ~nrrl rural ro~iilgrnial unlri I I,n iulire.S. Prim to mnncomenl of rnatgnak shall ha nurigd, dumped, or dlsrharged al the aSUreS shall be removetl attar work nn ins silo liar Grading n avnnrn tiulnw finished grade f~rc i i~Y~rin 1ntVi ¢S, Ihn SWMP Shan Uo impipninnl¢d 9ifP.. Gnnn Cnmp¢1etl and mt• n cast rC:. are longer nendnd. bogey I', I I nq`. I' inq wall4 rr other she 'fiirFle i,r a ci instrui:hen rile r;nvered py Tha permit All Aisnharges must comply with the lawful roqulrrmenis Should any property owner fan In adequately maintain , n Pints nl =than halt I+121 a unless of Ihq Tnwn nl Vail, and olhol agencies rogardrng any the pprmanP.nl slnrmwalFlr giialily nrea.Siirps or remove rrgi tired nlh,rw~~u undnr tir~r turn ;i (B) II IA) at ve 11 S:gn,viniy Rrquuempnts All plans Shall hr•. Signs ~il qi~d disrhargr~^. of slnimwatnr In II,e M54 nr waters nl Ihn Inu Inmporgiy m. rrt~5 the T"r1~n n1ay, !rh('r nnlilyinq sir, rundw,~lrr r: «•nr~urnlr'ie<f. rli,= r,wnnr ir~usl contort llio 'aul as ~ii Inr ai,rura~y by Ilse oPeraror Slat. undnr Ih,~ir li iriGdirlino including apply, able Iho nwn¢r ni the p~pquired manlleitdnr-a anA/or removal fiiwn ril r'lii o-u r and uhiaai n 9roundwalpr disrhargp tiIVMPH lCl g TI p. I till I h. ,I I., f 11 I Iq t 4 1 1 ''1. P i pl h v in 11 t.l I I.. la T p fY. I I II If I Ilh, 1 1.I 1 1h. if.I dl )p ly 1P'I CIII 11 aYII II/') ; t.ha IParl sl ol'n p 1 I. I f I ! ell 1 II f I .t I I~I Pt tprl od ll q d k 1 lal 7. pIN Id Ip I, and q I' I H t Ih p tp t' I I tl hargr r.l la[ I t a d II 'I I t q d d d fl e ha q t h k y 1 ih, p p ly wnirh I I 1 III .I a .Slat I sl I,d r.li Irr fir ,tole 1'. Irr II M.,O r,r re.'.r v rig waters, ix I Il re SWMP ~ tf ! /~~d w Ih p rman..nl sni r n nnir mea.S, ins a'r nrda +cc w II fl V u[ t.Aure set forth r $enl on Q., 1 dgvolnpn it w Iniri the !nw i l v.rU i I ~ r; It'•~ live e'1 rvinq Ih gr~nr.nl p r ant In 11 it standards an 1. p ~ I :allnns pre cr bgrl :1 and n mr,deq Inr nn is antPbance Wtv:n. II +I Yitirunl's ul r . r ('.PESC pr~taSSun,il ,d 1. .,I -~ilii hi Pnunu+nl~. sti rtri~w.ilar in ihr1l.-+Intil mvision.rl (fro slnrmwa(nt mnnagerneni plan r~.rlilint ii cling mat Iho planned Wnrk and the hr:al ii. u. I' i : led wllli ,f irl'ru iidvlrt~, q fa .n tlncu r gel Ornpar«. 1 by the CDPHE anti In IHANSFER OF PERMIT sinicl m w nl r Ira/ 1 I -hnnpo; w I nnl insult rn nr nrda roe wlh II pgr nanrml n anl,r 11. al r,.. N/l II n «_:pnnS 1 fly I r sti sinw~ ic. d,' .I ai ne. ai a minn ur . .r , d err aitat ur and will ran Rf tiPCItItiIBII TTY 0I I'FNMII f1-E shown nlht. SWMP aF'p'nverl i,y h, lrnvrt . rslr lr'I'rnsir la gcs tr r.rl fh. m+ .ntnrfq Ili .rosy Ihq vdra Wane. suChn e own D r n I n rtia~.l ~.i Ihr ! r riilir'.n pr I e [Hall ~i a nl1 d nn Inlpd Npl ni. r I i ~ ttilnr tier d' y I any n I ril prnperiy • ~r I rill h,: r..pi , i I.. Inr 5171 IN„PECTIONS and Acc {au l of terms of a Slnnnwalef Quality Perrtit ~t iii n if 7 .(rnsil' 'n I.wlennS a son men/ nn any Ih~.~ Ire M demape to any pu611e ulihlwS o In--Sp+lchnns shall bq Complplatl nn :+inrni ern., gibed by Cprtllirafurn on a form prgspribgd by Ilse Tnwn Thal is public way. will nut pre::eni u.y h+.ard In any perannS nr ;.~I~ i Ii i. I i i grad'nq and along anY rn In.S I i. lnvrn (e q (`.DOT's insprcl i I r a rnr p acct s pit '1 n irdanru wtn s ihSr;efinn lD). (1) of 11i s' IiriiprrlV and w II hav¢ nn de r rnr+nlal •nlluen+e ups i Ilir , i„I ih «q ipmr: it A-.I I~ wl nr r u t'. nshas nil tr.:i II Ihq ni-w mspomiLl I.arl1 wti tot r+mrlcli piil,l~i. w Ilan ni upnr in, boat deer. npmrnl of r'n. 71 ~ l~i. snnl+cn of damag<~ hr arllat rot {•n ipirfY (fin I 1 li I. inn p r~ll~q an I' ~Irvralnr snail n ak« n I rl Sler Inrm the porn [ maV 1 a.iiv. rind and Iho walpr:,hrd p + ~ i Ali ill grade rn Ian I .sit i:l ~ it ~i, p r /c.r y bit., II i ,II nsl.;rl nn t Ihnir SWMP dl Igasi e.vrry I ~ days iu.w r wr i.r mall nhlan penri l fi v 7. separalnly. 1 vq JI F = chits' era r ~ - ~qi rr d in 1n[ s ihs<wirnn= r n li r~n~l.ir-loco Yalli~in ngpt~lr rlrp«1 s,idr:wnk. a dsUrx anylirr. Erali- i,i nwmuli nveni that r.ausrs UV1 ~ g and A, of ihs Set.l',rn. tlioSe opardUOns .any/ [u _nrlrvisfr l,rly will Sri l yPrnlinq I,S.. IN`PFl:1111N5 AND HIGIiT OFI NIHV tint I ncYVI ~ which a empted from u II.r~,li... i. iU .'1 pnrlr;r,y lrcn s., in cr ark r'I.r Tn i,In utl1n ~.lu Pe.r m,.ler Jrl rrhnd a ,rid Thr pen 'Ilse Sli:+ll all ±w lfeT wr Fnrl rr er htai 14'.rmns nrsl c>tnply wrih Ise rules ang i d,ir uqn wllr:li ni•Itln r, roll et1 ire uilprial sirn.snn tool n expr~sed Iri and/or aumnnirri mprpai+a%nrv~; ,rrlul,+luai~i i ~ ing yradinq arts e , spocAied in G- Y" ~q ~ •iil I r. l r l ~i, .:d wit k Inner w 11 !h~• err: p 1; limn shall he insppcl¢d Iri ev dtnco nl, nr II a Tn n Iqr I Ann n p porn If. r pre wl tiro a Ih , S I d shall prnvidu aPProPr al¢ (:On1r015 Ie apprnvi:d SWMP a iJ i wuh all Ilrr Paleni al for, pnllumnlG enter rig Inr. -Ira loge system. regulated facility or 2ct v'ty 's I.ir:+iutl o which any is tarn; 1 .ion yin Its islrirrlinn soa riquir . en1501 Ihn Anima and this r;ncisin. Cni nand Sedimgni r:•rnirol rt s itleniitied in ins olds a r¢quapd Ip ne kept undnr Ihn torn is and Thn I % mpl re royal of all sail, n cellaneous debris, SWMP .hall bit nhs+~rved to gnsiee that they ar¢ onnit~onsr of the permit, NEW fit VFI OPMENT AND REDEVELOPMENT rnaloualy appbi d, durnppd. nr nlhr;rwisn deposited r.n oprralrrnl rnrrer-fly At reasonable fime< to have arcn.ss In and ropy anY SI OHMWATEH UIIALITy FFQI/IREMENTS Acct ilir snr~rit~, hii'Ilx.iys. Sidrrwaiks i olhr:r {iulii~: Bi1,Gnd nn Ilse reanllS of Ilse insp~ shoo. the dfscripiinn ul cords regUirpd In hu kupl under Inu Iprms and Nrw devp.Inpmani and rrdevelnpment prpjecls \hal rlnirnu,Ihlarrs r ei'iy caber i ii-aullinrrzpd nllulq pniential pnllulanl s and Ihr pollution p(P.VP~ntlnn ontl Aeons of this permit and to inspect any rt inltnrinp diSlurg al least ~ of land, iniJUdrng pfolecis less Inrulnn, during Irausn in and Imrtnlho rnnsVUrhon site Ind cuntrM meaSUreSrih'A are idrnlifind m the sae's equipment or monitoring method lagwred in the purnid than ' rn Iliat arer part of a large( conimnn plan of r nth+rwl=.a. wham siirir spill.ign vnnshlulns a public SWMP .mall he revised and mnd~hr"f as appropriate as and develunmenl nr ,ern n wAlhn the npanan zone mull n haspass nr Irnzarrl in Ilse, tletnrminahon of the as Vranc~adle alter .such mnprctinn. Mairitenance Tn enter upon the pnrmillac'.S Promises lu rnnisll gain addi<-SS eiramweter mcxiH gU¢lity inrougii the gaa of lli.ano nn Tnwn Enginpnr nr a Court ul cnmpelenl runsdlrtiroi and antllnr r ,,,dAiaauons IP ~ onrrnl rt anal/ n¢ wilnin reason, any actual 6uspr[Ind, or potential squrpa nslmclurdl and atrupiwal BMP6 Criteria for n In addaion Ie the actual r nslnirrinn aclrvities the nrnplnlgd in tim¢ly manner, brit in nnaaaseemoro Ivan 7 pl water ppllUtlon, Ur any violation of Iri¢ Colorado Water nlgvelnlimanl and retlevelnpment planning, wale[ qualrly Inllowing Types nl acflvitias muss hq evaluated for the calendar days altar Ihp inspei.iinn Quality Control Act The inVes\rgalinn may Include, hui is Prol PCtinn and Inn spiactinn and design of which BMPS nnanle fmt¢niial for rnninbulinq potlutanis to runoff. Thn permittoe and/or operaor shall keep a record of not limited to Ilse Inllowing'. sampling cl any discharge c adequate for specific developmeni6 can generally Inuntg and unloading npurafinn:, nmdopr storage inspeclinns on the protect silo at all tin ies Any incidence and/or process walP.rs. the taking of photographs. he determined ir;ing the latest revision nl Iho Urban nrhvitl, •S vuhirle and nqulpmpirl r ainlenance and of n amptiance sui:h a5 rr artrolltd naleaeps ni infnviewing pormiffee Bfetl n alleged violations. antl Ihaniaga and Flood Cnnfrol Oistncl5 Urban Storm lii«amg. ugnAic and du~.t ~ r partirulTl¢ ggnpralinq mud n muddy water or measurahlp quanhlios of s Io any and all facilities n areas within the Oraniagn Cn6via Manuals BMPS solect¢tl must be rn ..its and on site wasin drSposal pmnti[:as sedrmrnl round nfl the sAe, shall be r¢cord¢d vim d brie) permsllees premises Thal may liavq any P.Harl nn the dosignud and implemenietl according to SD¢GifiCalVofiS nxplanannn ss io the measures taken to prevent tutors discharge, permit or alleged violalinn. ~ For purpnsis nl tlosign antl selection of BMPS, the GENE HAL RFOIIIREMENTS violations, a wallas' any moasurns lakun to clean rip the IiHlnwing addniuns and changes are made Io the lat¢sl Stern valor iris:h;ugw (coin i,i,nslrurlion activitlrs sty:ill setlimenl that has left Ihn srto Alipr adequate nrcasures REMEDIES FOR NONGOMPLIANGE nl the Urban Drainage anrf Flood Connie nil eau^,o nr Ihrpslen La ra~a¢ p~ibfln,n. mnrannnatnm nave tirpn seen to correct any prohiwns, or wlir~re a Cnmphance orders Whenever the Triwn delerntinps Thal il5lnr~i':, Llrtian Sunrn Dmmnyr GAena Manuals it dugratlalinn of valor of th.i Slate report does nni identity any inridenls nl non crnuplianre, any acirvily is occurring which is not in compliance with Rased o SseSSm«~nl of the pulonhul of various Ihn report snarl „oniain a signed cuuAlcalion indir:ating a slnmiwator quality permit uldkx the requrmments M Siruchual RMPs sham be located nn Annals property. r~.s a1 Lnn. site to crminhnle pnllutanifi In sinrmwatnr Ilse site Is in cnmplienna This rocvrd shall b5 made this nrdinanGa, ma Town may I p a wntlen When Sn lor;al¢d, fho BMP shall bo owned and operated Ifio rSWMP shall Slcludo A dxscripllnu lA masnndhlp an,l vailable Ip the Tnwn nt Vail nr SIAIP of Colorado upnr/ ~ i•rnpliant:p. nrdnr Ip such prranri urcpnrniiuce. The by Ih¢ owns nl Tha properly wnu:h Iho facility is apprnprialo control nie~asue~ That will hp implnmrnlyd al inquest Pnrs rn permr»ee shall sribnvl a written cnmpiranoe located, As d cnndilipn of approval of the BMP, Ina Inii ;tie Cnngilnled SIIeS Fnr ste5 where all cnnslruclion Sr;hetlul¢ lu the Town Engnaar wile in flvo (5) clays. Tha VrnPgrly owner shall agroe In operate antl maintern the All Ice iPnrary erosion control fai:AAips intended Irr control ai;tivilles a impleled but final GlabiOZatinn has not schedule shall roni¢In spnclfir, actions the BMP to its design capacity unless or until Ih¢ Town stroll and sediment nl any earth disturbance nporahnn boen anhiemcl due to 2 vogelaLve cover that has been pormAteelopdralor mull epmplotn Including tleles for relieve Iho prop.~rly owner tit that responsibility in writing. Shan ho installed heloro any cgnslruc[ion aclivitios lake planipd but has not 6ernrno uatanliched, Ilre pP.rmhlee the Ggrtipletion of IhC agiions 11 shall be UfIldWlu Fnr any Tnn nbligauiin i aintaiii Ihn BMP shall nr place. aniV.rr nPrralor shall make a Ilinri iiinh in,cper.lion nl Iho pnruin In tail In ~ i>mply with any rnnipliani.r rrrdn< ~ ~~.alir~St ~.r. a.,~ sil~~l~si-.i,ni i.~ ar ~n I~r.ir .n lit. Sr-Ir..n~in. de,Sign anrf ~r•Uallauun + .apprnl ~n~lu ;,WMI` vl lees/ unci~ every munlu :Vln;n; ae ~uiiJiUcri„ rayuir~~ntur it. a lucre deoeyleblu {u Ihn Iuwo and bnall La ru;vrauJ ai ur.hirar and n inStrr.~.iuml BMPS r iusl~ bit dnnn in make Iltis srheduie impractical, the parmittP.e and/or Suspension and revocation of permit. 'fho town may m¢ Office of the Eagle County Clerk And Recorder rordancn with Iho latest versus pl the lhhan Drainagq operalpr may petition Tha Town to grant a alternate suspend o evoke q slnrmwaipr cluelily p¢(mi( for Manufactured devices such as Slormwaler qualify vaults rid f Ir4ul Ccrrlrnl Disk ~.i'; lhhan Sturm Ura nag[: isppohnn fii'hv dole ThrSr ~ . PechnnS mur.i he viola) nn of my err v son of If i6 secl'nn, volal oa r I Ile 'api;ihlp undnr [ho Inllow'ng cpntlilions Griirna Manuals (Vol :1). inducird in 2cnnrdannr with suhparagrapns a hand payout and/nr misrepre. enlalions by Ihn pP,rn iitipp or the I huapav+irl ama ,.ervr,d py Ihr dnvicu shall he no grealgr Any ..arils drGiurharrrr shall hq c~nuurirn a ii li n u M sihparagrgph (1) above permillge's agnnFS. Srmployer-s nr mdcPrndranl In,vn Ihnir: arms 5 In eM.•rliw•ly reduce pc! ilumtu[i s~,a Winter Conditions Inspections, as described above In nnlracinrs thorn shall lie Paved act:e~.~ to such devices al a rid result rig ud rt n I I nn subparagraphs d b ,era not requ red al s ies wt pre Stop work orders WI enever the Town deters ne II ai n mum nl five feet n ASIan<e between the Davemenl All - Ih 1 t b. . f II b '1 g d t I d St N .nl e st I 1 d d ny Y 'ty'. q Y-cl 1 PI 'Ih a d II I h I 1 1 Il II The D ved f pl I d .h e that II p r~d P d d II q Irr I- I C I. Tf ape .d P T d/ II q 1. I th'- t III 7. q 7f lag. 1 le PP rned 1 yd I L 11 d tall hit In tad hr the shy IpSi pt pet. bl ly J III pP 'rd I d f ih- T y o 1 I u Iy I pP d tylh T j pr c~ hlr Ann id rl ame mr.11, g r'andil ens dp nni U sl. Regp a spool an±, ac upon I w tips nnl'co r p n hp pF. nl IIPr. andln Sella i le ti, (i..I ~ id[ rrgj r ~ It. I ie'[ antl Sn I ern! r.a ad ny er:ral~. ai .t1 I e:nrc o i shall hit dash ha(1 ebony. are mqu red al all .that lanes gperdmr VrHepona hie Inr n undurl nq sur'I activity rimer velar S I t k~ r - 1 als sli,+ll by slnrgd in dyads i ~Zatl from ri innil water brlnro it I+,avps Ifio silo of SUCK pennillee and/or operalnr „hall immcmataly Slott all spry ad ny Ih+~ wnt,x quality vaults ;hinniSlurbed area, REPORTING aclivily until aufhnnred m writing by Ih.l lowit to prncppJ Any lernpDlary or permannnl Ianlhiy designed and No regular reporting requirements ar¢ InPludatl in this If the appropriate porrtrittee end/rrt oparatnr rannut he Sprhnn 4 II airy pan, section, gubseclion, nsbuded for .Ina r rwryance of water around, Seotion. however. the Tnwn rase?ves the right to request located. the noliC.e to stop sna11 ne Poslrad m a .,onlrr¢e, riansr ru phms ni tins nNinance is tar any lhnnigl,, m (rpm the earn dislirtbance ergo shoo be That a copy ql Iha9e the inspecllon reports be submitmd. nonspicuous plane upon the area wnarp, the ar:uvny is in hr~.ld In ba nivahd, such cfocrsinn snau not effect its+signed to Ivnrl the valor flaw to A non nrnsive velocay occurring. the notice anell s4rio Ih¢ nature of Iho Ihosval411ty r~r the rnnlainmi,7 purilnns of ?us ordinance. Cunslruriiai site operators shall amircl waste such as FINAL STABILIZATION vudahon The nptieq shell not be «moved until the and Ihn Town Cr,nnr.J hereby tlerlares it would nave but nnl timtetl m discarded building materials, nonnrele Final slahrhzalion is ached when all soil disturbing violalinn has been [:tired qr stills rtiieli~on In remove Ihn pas.Spd min nidinanr.a, and rank pan Section, . urk wushoitl, rhemical.t litter, and sanitary wA.ste at tnq aclivihes el Tha site have been canplelpd, and urnlorm notice has been issued by [he town II Shall b,~ unlawful sunsri.llon i~.nlance clause nr phi asp. Ih¢reol, :ion e0e tltal coos carve ulvr.ry¢ uupacts la vngnlehnn cover Was be¢n gSlablished with e density nt for any permltteq and/nr operator In fail to criniply wills n rellardles5 olSmn Iac1 Thal any n e or rt~ur¢ parts, walrn quality. at leas) ]g percent of era disturbance levels. or slap work order e~.lions, suosechons, seNences, clauses or phrases 6e All ui.schargaG authnnz<~d ny Ihi~. liiwn shall bit equrvalunl permanent, physical erosion rocluCtion Civil proce¢dings In e of any violalinn of any declared nvahd. cn posed e 1 ay -1 .t ~.waler antl disrharg¢5 of methods nave boen employed For purpose f this pro ' n pf this prdnanCe snr any amendment Ih ,I. . Hal oche than 51q row Alpr ntuSt hr, atldrosspd 'n requ cement. eslahl sl Went al a r'getaly . the 1. i ril Vail may. at Is d S'r~ton 'nl al- 'nil Section 5 The town Co incil hereby f ntls determines sep.irate permA sFUpd by Ihq Stale nl Colorado Inr Thal capable nt providing pr,~uon rnntn.l equivarnl to pre pr<ireedu,gs. hiding inl~.inc.(ir.n, andanrus, antl declares that this ordinance du::hargr existing conditions al Ina urn can ne considered final abalomanl, doclaralnry judgnuinl nr other appropriate necessary and proper for the Wealth. 5alofy and welfare Dis,:h2rges n empi from disnharga prnhibtipns Ilhis slabillzatinn. Thr. Town may, aver cpnsultelion with the arsons or prnCeP.clings, In prc.venl, enjoin, abate, of the T wit of Vail and the inhabifanls Iheroof. a rffors I,xan III'P'I D'scharga Ord nanrnJ Thai are perm'llee dndli p. t 1 S rig tl e, amend wve pr oche ui'1 any 6uph unlawful pmb Wed w Ih sformwalpr d sCharges assn : aced w Ili the f Hal atabt zat n era r a for spar.I rip ,cal anS nntd i nr C v'I rem[d c,' p idoil Inr ur der Ili s sec[ tin Section G Th¢ amendment of any provision of the Town nsrui:liun arSlivily ar aufhnritgd, Permanent soil erosion i:nnlrol Measures inr all Slr,pes, are not rvrliisive and 6hdll n~a I,rp..lurle prosocUlion for Gnde. as provided in this ordinance snail opt I andscapind irrigation channels, ditches. n any d~slunc~d land area shall be criminar violations under the prnvisinnS of this section. aHacl any right which has a trued. any duly impose U, law watonng complelod within fiumeen (11f calendar days after final any wolaoon Inez ~oecurred poor to the Diverted stream IInw.S yrading or the Einar eadh disturbance has been SECURITY REOUIREMENTS nHOCtive date hereof, any prosecution crnnmanced, nor Irngalinn return flow rompletetl Whun it is not possible to permanently As a fondition for ins Issuanr;p nl a sformwatar qualrly any other action or prncgeding as commenced Rising Around waters stabilize fl tli8lurbed area attar an earth disturbance has parmA, applicants shall he lequlretl In prpvitle security in untler or by virtue of the provision amendetl T h Umm~tammaled grnuntl valor nfiltralion las definetl m boen conipletetl ur where sigridreanl earth disturbance the form gf cash escrow or An r+rav+x.ahl¢ IHtter d cretlii. endm¢nl of any provision heresy shall not revive any dg CFR 35 2g05(20)~ activity ceases, temporary soil erosion control measures The amount of the accurily shall he based upon the pr~ivisinn nr any ordinance previously repeale0 lJncnnlaniinated pumped ground water shall be implemented within fourteen (1 a) calendar days. estimated cost of the work rpqulred to ensure nr superseded unless expressry stated herein Natural Springs All temporary son r:rus~on control measures sna0 b¢ compliance wrih the forms and ci,n,tn~nns oY ma payroll Flow ham riparian habAats and wnllands maintained unity permanent Soil erosion measures are antl requirements of Ihi6 Section In dniermininq Ifni rosl Spchon ~ All bylawa orders resolutions and Water ling hushing implemented of work a adminislmirvr Inr• nl th°a % nl ihn us. row adimen,:rs or pans Iho~e+A, -nns¢I¢ni tterew+tn Discharges Irnm potable Walpr Got irne.5 an•nrrnt ~I dll be inslutln( er repealed 1n Ihq exlenf Holy p!~ Seth mr.OnaiBleney. Foundation drams RETEMIGN OF RECORDS This rnpoalor ;hall nnl b•~ construed in revise any Air euntlltioning condensation Iho pprmillee snarl rolarn copies of tea SWMP antl all RELEASE OF SECURITY nyiaw, order, resuW(Sxi nr ordinance, ur p a r t Wales hem crawl space pumps reporl6 requirod by acts permit and records of all tlala Toe secunly shall de ielaased wli«•n II ire pr:rmA Ita.s burin Iherenl, ihuretoh.re reipeeled Footing drains ised In i.omplem the applicatipn to be covered by mss activated upon lee Town's drlprminaiion Ifial Iho Individual resW¢nllyl car washing' permit. for a Aerial of at Inasl throe years hum the date parmntep tia8 5urcessWlly cnmplpled a{I rt:quu?d wolx De-chlorinated swimming pool cliscnarges Thal the soa is finally slahilized. and met an olhw requrumnnis of nips suollnn INiRODUGED, RF AD ON FIRST READING. APPROVED. Strngl wash water The perminee shah retain a copy of the SWMP requirod AND ORDERED PUBI (SHED ONCE IN FULL ON FIRST Cpnrrele wash watr.r shall nil he dischalgad to the MS4 by fn p 't al it a cnasln cl . t t i Ih late nt ASSESSMENT READING tl 's 1st day 1 February 2IXVi anrf a pubi'^ I rs of Ih Slate, p 1 et ' l her t. II d I I f I Inti leaf n isles. If the perm'itee f t f Ily .ompl¢lo all heat rig mr second read' q f th Ord'nanrr set for 6'00 Ofl-s'IO, vet Ale Iraokng of 6Bdimrnis shall by Iho Town apprnvas an[Ihp Ir at .spec Yed by the regn red work or r laip~ any mq i r I nl the panne nr pm on Ise 1.Sth day of Fat:rudry :~05 r (ne Ccuni it zed Vehicle Imcking nn Town 61rorls Shall nnl tin parmrtlee this spcilnn, ihr lawn may lake c, arr~ci~ve maasiirps and Chaniher8 Of the Vail MUnicipol R~nluiiig. Vail. Gnnradn allowed io enter the. MS4 or walerq of Iho Sial(r all Streets charge Ihp cost nl ~nrh in Ihn porn iiltea Such onsls shall he scrapped and cleaned by Ure and of eaC.h day CFIANGE IN DISCHARGE shall Include Ihr actual cost nl any work deemed the nypaSS of Irt~dlmiva facil,lii~.=~ Is genq+ally pnrhibiinrl The permitiro shall mA-rni Inn Tnwn Engineer within two Vary by Ihn Tnwn II Iii Inlal nl sunh costs _ RIh I~ragt.I .f ,'f. pi l p del dill( cik 'n' q 1-~y 11-.It.~ly .1 ~~IY. r 1.11. rly, Y.k. Y It pnShle ~h3ll hu:r /r., as Ir 'n-la a I Sp I,s a 1vt t5 Irnm tl rnJ a a:I n tYr p r Wept al nn fir navy .nl ! I r ~ oq b_a r w lain Rirty r5g) R-.<)n^y ( Sla.:r M,,y n eta v~l pie v~rni any Sp II. .1 n.atnraf fr n e r.nng Inn M;a I I s does n a a..l I. • uangr : Ir i ~ SNMP) l Il~nn end. [M y- r u ~ t I nl an a. '.'I J of such Irnm AI fLST .v.+IFli: of llin .Main inquest, [tic perm.'.i a:hati Inri irsh li ~o irwn wAli an~.h th,; inwu ri n nn;,;als ar-. t n,.. add d to mp rl=.rr ergo ~lo.~ Alin, and ,P wl ~l Tnwn d~,r~~r~., olG l:.' Ir. stern l Iri I, , n naMr r y 1:~ ^L.nl ES7ARIJ5HMEN7 Of FEES p, .u rh, al rid dr ,u nrtic„ it wl nh i_ d,ch irq nl 'I ~lTl ~SYJIdP sit. iha- 1u. T'wr(`n al Ir .Iab.~sb all Irr Luo-li. D dln.rxi hnvn fs-rF a ~ a ,L.. ,nr I r I .i. i5..nn iha TUwn. updrrrfwllin' In, i,, +_.l Aiy1 h.nrV nn1 rte- rl. 1 r,. ,i; I'„ ihu L•e:i iii n d~ ,I clot ill [.r pit nl:, r , I i it n ~ Ir ll n wnl[S~ r tiia.. i i I r,tl r~r .r, nil iii '.I:r..,..li i.~il- ~•('i iii ursp I ,i ~ r • I ealr nil rp,i'Ir-r iha i..nt,rs sl all Y..1 pt ry Ir lnally aa!1 rd I lit.il P t I If iii tt. ~ V.i I Elaiiy Fret ,a: y R, ?l;f;~, ~f.cv The Dally Classlfleds 970.845.9937 / vaildailv.com Saturday. February 19. 2005 - P e C28 ORDINANCE NO. 3 SERIES OF 2005 AN ORDINANCE AMENDING SECTION 12- ponds, high curbs, and infiltration galleries. LAND-DISTURBING ACTIVITIES replacement of wetlands andlor riparian 11-4, MATERIAL TO BE SUBMITTED; The department of community development Any mechanical activity which alters the areas. PROCEDURE, VAIL TOWN CODE, CHAPTER shall establish and maintain a list of such "no surface of the earth and exposes the same to 14-2, DEFINITIONS, VAIL TOWN CODE, AND discharge' measures. the elements of wind, water, or gravity. Land- SPILL CHAPTER 14-6, GRADING STANDARDS, disturbing activities include grading, filling, An unintentional release of solid or liquid • VAIL TOWN CODE, AND SETTING FOR j. Stormwater Quality Permits: Refer to excavating, and soil storage. Agricultural material which may cause pollution of the DETAILS IN REGARD THERETO Chapter 14-6, Grading Standards, of the Vail activities are exempt from this definition, MS4 or waters of the State. Town Code. WHEREAS, land development projects and MUNICIPAL SEPARATE STORM SEWER STORMWATER associated increases in impervious cover ~ Section 2. Chapter 14-2, Definitions, SYSTEM (MS4) Any surface flow, runoff, and drainage alter the hydrologic response of local Vail Town Code, shall hereby be amended A system of conveyances owned and consisting entirely of water from any form of watersheds and increase Stormwater runoff with the following additions: operated by the Town of Vail used in the natural precipitation, and resulting from such rates and volumes, flooding, stream channel BUFFER collection, treatment or disposition of storm, precipitation. erosion, and sediment transport and An area adjacent to a water body where land flood or surface drainage waters, including deposition; and development or disturbance is restricted. manmade structures and natural STORMWATER MANAGEMENT PLAN When land disturbing activities are permitted watercourses andlor floodplains for the (SWMP) WHEREAS this stormwater runoff contributes within this area, BMPs or other mitigation conveyance of runoff, such as detention or A written plan to minimize pollutants in to increased quantities of water-borne must be used to minimize adverse impacts to retention areas, berms, swales, improved stormwater discharged from pollutants, and stormwater runoff, soil erosion the water body. watercourses, channels, bridges, gulches, construction sites as required under the and non point source pollution can be streams, rivers, gullies, flumos, culverts, Colorado Discharge Permit System controlled and minimized through the COLORADO DISCHARGE PERMIT SYSTEM gutters, pumping stations, pipes, finches, (CDPS) General Permit for Stormwater regulation or erosion control and stormwater (CDPS) siphons, catch basins, inlets, pumping plants Discharges Associated with Construction quality associated with construction State of Colorado regulation (5 CCR 1002-61) and other equipment and appurtenances and Activity. This plan includes a site description activities; and and as amended which covers discharges all extensions, improvements, remodeling, and map, identifies best from specific types of industries including additions and alternations thereof; and any management practices for implementation at WHEREAS, the Environmental Protection construction sites, and storm sewer systems and all rights or interests in such stormwater the site and identifies maintenance Agency has promulgated regulations for municipalities as part of the Water Quality facilities, and which is not used for collecting and inspection requirements for these best pursuant to Phase II of the National Pollutant Control Division (Division) under the Colorado or conveying sewage. management practices Discharge Elimination System as part of the Department of Public Health and _ Clean Water Act, and has required the Environment (CDPHE). OPERATOR STORMWATER QUALITY CONTROL PLAN implementation of a stormwater quality The individual who has day to day A plan to control pollutants transported in ordnance in order to meet requirements of CONSTRUCTION ACTIVITY supervision and control of activities occurring stormwater prior to pollutants entering the stormwater discharge permit issued by Construction activity includes clearing, at the construction site. This can be the waterbodies. Stormwater quality control the State of Colorado; and grading and excavation activities. owner, the developer, the general contractor plans in the context of these regulations Construction does not include routine or the agent of one of these parties, in some refer to post-development stormwater flows, WHEREAS, soil erosion and stream channel maintenance performed by public agencies, circumstances. It is '8nticipated that at rather than stormwater flows under erosion make necessary costly repairs to or their agents to maintain original line and different phases of a construction project, construction conditions. Stormwater Quality gullies, washed out fills, roads and grade, historical hydraulic capacity, or different types of parties will satisfy the Control Plans should be based on embankments, and the resulting sediment original purpose of the facility. definition of an "operator' and the pertinent best management practices (BMP's) such as clogs storm sewers and road ditches, leaves portions of any applicable State of Colorado avoiding direct discharge into deposits of silt in streams, and is considered CPESC permit will be transferred as the roles change. waterbodies, minimizing directly connected a significant water pollutant associated with Certified Professional in Erosion and impervious area, use of detention stormwater runoff; and Sediment Control. PROPERN OWNER ponds, and other BMP's. The record owner of the property or WHEREAS regulations limiting soil erosion DEVELOPMENT properties, who is the responsible party for TEMPORARY SOIL EROSION CONTROL and stream channel erosion are in the public All activities involving earth disturbance and the Town of Vaif stormwater qualit~r permits. MEASURES interest and will prevent threats [o public requiring a building or grading Interim control measures which are installed health and safety; and permit, including but not limited to, ORDINARY HIGH WATER MARK. or constructed and maintained whenever commercial or industrial developments, The line between upland and bottomland grading or other earth disturbance is to occur WHEREAS, the Planning and Environmental single or multi-family housing, construction of which persists through successive changes for the purpose of control soil erosion control Convnissior. of the Town of Vail has held structures, road antl driveways, in water levels, below which the presence until permanent soil erosion control is public hearings on the proposed ' and installation of utilities. and action of the water is so common or effected. amendments in accordance with the recurrent that the character of the land is provisions of the Town Code of the Town of DISTURBED AREA marked distinctly from the upland and is WETLAND Vail; and That area of the land's surface disturbed by apparent in the soil itself, the configuration of Wetlands means those areas that are any work or activity upon the property by the surface of the soil and the vegetation. On inundated or saturated by surface or WHEREAS, the Planning and Environmental means including but limited to grading; an inland lake which has a level established groundwater at a frequency and duratiori • Commission finds that the proposed excavating: stockpiling soil, fill. or other by law, it means the high established level. sufficient to support and that under normal amendments further the development materials, clearing, vegetation removal; Where water returns to its natural levels as the . circumstances do support, a prevalence of objectives of the Town of Vail; and removal or deposit of any rock, soil, or other result of the permanent removal or vegetation typically adapted for life in WHEREAS, the Planning and Environmental materials; or other activities which expose abandonment of a dam, it means the natural saturated soil conditions. Wetlands generally Commission of the Town of Vail has soil. Disturbed area does not include the ordinary high water mark. include swamps, marshes, bogs and similar recommended approval of these tillage of land that is zoned for agricultural areas. For purposes of these regulations amendments at its November 8, 2004, use. It also does not include performance of PERMANENT SOIL EROSION CONTROL wetlands do not include areas that are meeting, and has submitted its emergency work necessary to prevent or MEASURES saturated solely by the application of recommendation to the Town Council; and ameliorate an immediate threat to life, Those control measures which are installed or agricultural irrigation water. Manmade lakes property, or the environment. Any parson constructed to control soil erosion and which and ponds built for the purpose of detaining WHEREAS, the Vail Town Council finds that performing such emergency work shall are maintained after completion of all grading runoff are not considered wetlands in the the amendments are consistent with the immediately notity the Town Engineer of the and earth disturbance activities context of these regulations. applicable elements of the adopted goals, situation and the actions taken. The Town objectives and policies outlined in the Vail Engineer may, however, require such person POINT SOURCE Section 3.' Chapter 14-6, Gradinc Comprehensive Plan and is compatible with to obtain a stormwater quality permit to Any discernible, confined and discrete Standards, Vail Town Code, shall hereby be the development objectives of the Town; and implement remedial measures to minimize conveyance from which pollutants are or may amended with the following additions: erosion resulting from the emergency. be discharged. Point source discharges of WHEREAS, the Vail Town Council finds that stormwater result from structures, (e.g., roofs, STORMWATER QUALITY PERMITS the amendments further the general and DRAINAGEWAY roads, side walks, parking lots, etc.), which specific purposes of the Zoning Regulations; Any natural or artificial stream, Swale, creek, increase imperviousness of the ground which A. PURPOSE, INTENT, AND and river, ditch, channel, canal or other open acts to collect runoff, with runoff being LIABILITY intermittent watercourse. conveyed along the resulting drainage or WHEREAS, the Vail Town Council finds that grading pattern. Purpose: The preservation of wetland and the amendments promote the health, safety, EROSION water areas, serves to prevent water quality morals, and general welfare of the Town and The process by which the ground surface is RECEIVING WATER degradation of Gore Creek and its tributaries promote the coordinated and harmonious worn away by action of wind, water, gravity, or Any water of the State of Colorado into which the natural and several manmade ponds in development of the Town in a manner that a combination of thereof. stormwater related to construction activities the Town of Vail. Protection of ecosystems, conserves and enhances its natural discharges. aquatic habitats, and wildlife habitats, environment and its established character as EROSION AND SEDIMENT CONTROL PLAN especially habitats for state or federally a resort and residential community of the A plan to minimize erosion and on site RIPARIAN ZONE designated threatened or endangered highest quality. sedimentation resulting from construction The area located betweens the water's edge species, to preserve ground water recharge activities. The plan should include detailed of aquatic ecosystems (rivers, streams, lakes, functions, and preserve natural flood plain NOW. THEREFORE, BE IT ORDAINED BY information about the site; planned ponds, springs and seeps) and upland control. THE TOWN COUNCIL OF THE TOWN OF construction activities and best management areas, whose soils allow for or tolerate a high VAIL, COLORADO, THAT: practices (BMPs) to implement that can water table, and provide sufficient moisture in Intent: The intent of this chapter is to enhance minimize on-site erosion and transport of excess of that otherwise available locally so the quality of water in the Town's drainage Section 1 Section 12-11-4C, sediment off-site during construction. as to provide a more moist habitat than that of ways and subsequent receiving waters by Preliminary, and Final Design Review, Vail contiguous tloodplains and uplands. establishing requirements for stormwater Town Code, shall hereby be amended FINAL STABILIZATION Riparian areas are composed of interacting quality permits for construction and as followings: (deletions are shown in strike When all soil disturbing activities at the site assemblages of plants, animals and aquatic development, to prevent soil erosion and through/additions are shown bold) have been completed, and uniform communities whose presence is either sedimentation from leaving construction vegetative cover has been established with a duectly or indirectly attributed to water- activities within the Town in order to protect j. NPDES Permit: An approved national density of at least 70 percent of pre- influenced or water-related factors. Riparian the vital, beneficial functions and values of pollutant discharge elimination system permit disturbance levels, or equivalent permanent, areas produce a diversity of vegetative forms, wetlands, streams, riparian zones or areas for storm water discharges to surface waters physical erosion reduction methods have sizes and species and a density of vegetation and water bodes within the Town resulting from developments draining two (2) been employed. For purposes of this section, that makes them among the most productive or more acres shall be presented. In lieu of establishment of a vegetative cover capable habitats for wildlife. Areas exempt from this Liability: Any person who undertakes or such permit, the developer of an area of two of providing erosion control equivalent to pre- definition are manmade agricultural causes to be undertaken any activity which (2) or more acres may present a "no existing conditions at the site is considered structures and devices such as irrigation involves disturbance of the land's surface • discharge" storm water drainage plan, which final stabilization. ditches, sprinklers, and artificial ponds, shall ensure that soil erosion, sedJimentation, may include such measures or detention except when mitigation regwres creation or increased pollutant loads and changed water - Pace C26 - Saturday, February 19, 2005 The Dally Claselflede 970.845.9937 / vaildailv.com flow characteristics resulting from the activity granting power of attorney to the agent shall operation, or maintenance, which has a Uncontaminated ground water infiltration (as are controlled so as to minimize pollution of be submitted, authorizing the agent to significant effect on the potential for defined in 40 CFR 35.2005(20)] receiving waters. The requirements of this represent the applicant and stating the discharge of pollutants to the MS4 or Uncontaminated pumped ground water section are minimum standards and a representative's name, mailing address, receiving waters, or if the SWMP provides to Natural Springs person's compliance with the same shall not telephone and fax number. be ineffective in achieving the general Flow from riparian habitats and wetlands relieve such person from the duty of enacting Legal Description. The legal description and objectives of controlling pollutants in Water line flushing all measures necessary to minimize pollution street address, if such exists, of [he parcel on stormwater discharges associated with Discharges from potable water sources • of receiving waters which stormwater quality controls are construction activities. Foundation drains proposed fo occur. Air conditioning condensation B. PERMIT REQUIRED Disclosure of Ownership. A disclosure of RESPONSIBILITY OF PERMITTEE Water from crawl space pumps It shall be unlawful for any person to conduct ownership of the property upon which the Dunng construction activities the Footing drains any activity resulting in a total disturbed area stormwater quality permit is proposed to permittee shall be responsible for Individual residential car washing' of at least ?acre, or any land areas within the occur, listing the names of all owners of the The prevention of damage to any public De-chlorinated swimming pool discharges riparian zone without first obtaining a property, and all mortgages, judgments, utilities or service within the limits or grading Street wash water stormwater quality permit from the Town. Total liens, easement, contracts and agreements and along any routes of travel of the Concrete wash water shall not be discharged disturbed area includes any land within a that run with the land The disclosure of equipment, to [he MS4 or waters of the State; protect that meets the definition of "disturbed ownership may be in the form of a current The prevention of damage to adjacent Off-site, vehicle tracking of sediments shall area," whether or not such parcels are certificate from a title insurance company, property (No person shall grade on land so be minimized. Vehicle tracking on Town contiguous. deed, ownership and encumbrance report, close to the property line as to endanger any streets shall not be allowed to enter the MS4 attorney's opinion or other documentation adjoining public street, sidewalk, alley, or any or waters of the State; all streets shall be The Town may also require a stormwater acceptable to the Town Attorney. public or private property without supporting scrapped and cleaned by the end of each quality permit regardless of the size of the Vicinity Map. An eight ono one-half (8 and protecting such property from settling, day; total drslurbed area in conjunction with inch by eleven (11) inch vicinity map, locating cracking, or other damage which might The bypass of Vestment facilities is generally approval of a final subdivision plat, the subject parcel within the Town of Vail. result); prohibited; conditional use permit, or oevelopment plan Streamside zone setback delineation. A Carrying out the proposed work in Bulk storage structures for petroleum or new development and reoevelopment property which is shown to include a stream accordance with the approved SWMP end in products and other chemicals shall have projects that disturb at least ?acre of land, and/or wetland shall be required to provide a compliance with all the requirements of the protection so as 4o contain all spills and including projects less than ?acre that are survey or dimensional site plan, drawn at an permit and this section; prevent any spilled material hom entenng the part of a larger common plan of development engineering scale of 1.20, showing property The prompt removal of all soil, miscellaneous MS4 or waters of the Slate; or sale, or are within the nparian zone. lines, buildings and any points of reference debris, materials applied, dumped, or No chemicals are to be added to the from the streamside zone setback to the otherwise deposited on public streets, discharge unless the State of Colorado It shall be unlawful for any such person to fail Town of Vail. highways, sidewalks, or other pubic grants permissions for the use of a specific to obtain a stormwater quality permit. Written Description. A wntten description of thoroughfares or any other non-authorized chemical and documentation of which is Issuance of a permit by the Town of Vail does the proposal and an explanation in written, offsite location, during transit to and from the presented to the Town; not exempt the parties from obtaining any graphic or model form of how the proposeo construction site, or otherwise, where such Solids, sludges or other pollutants removed permits required by the State of Colorado or development complies wdh the stormwater spillage constiWtes a public nwsance, in the course of treatment or control of the Federal Government. quality standards regulation. ~ trespass or hazard in the determination of the wastewaters shall be properly disposed of in Environmental Impact Report, when Town Engineer or a Court of competent a manner such as to prevent any pollutant PERMIT APPLICATION applicable. jurisdiction; and from such materials from entering waters of Persons required to obtain a stormwater Adjacent Property Owners A list of all In addition to the actual construction the States; quality permit shall complete and file with the property owners, compiled by the applicant activities, the following types of activities All wastes composed of building materials Town an application on a form prescribed by using the most recent Eagle County taz rolls, must be evaluated for the reasonable must be removed from the site for disposal in the Town, in accordance with the is required for all applications and shall tie potential for contributing pollutants to runoff: licensed disposal facilities No building requirements of this section with the building submitted to the Community Development loading and unloading operations, outdoor material wastes or unused building materials permit application prior to the beginning of Director as part of the application for storage activities; vehicle and equipment shall be buried, dumped, or discharged at construction activities. In support of the development In aooition to submitLng a maintenance and fueling; significant dust or the site, application, the applicant shall submit all written list, the applicant shall also submit the particulate generating processes; and .pit- All discharges must comply with the lawful information required on the Town's form and addresses on cohesive labels or in the form site waste disposal practices. requirements of the Town of Vail, and other any additional information requested by the of pre-addressed envelopes. agencies regarding any discharges of Town. A separate application shall be Determined Incomplete. If the Community GENERAL REQUIREMENTS stormwater to the MS4 or waters of the State required for each stormwater quality permit Development Director or Town Engineer stormwater discharges from conshuchon under their junsdiction, including applicable along with plans, specifications, and timing determines the application is incomplete, a activities shall not cause or threaten to cause requirements; schedules for all earth disturbances. Where written notice shall be mailed to the applicant pollution, contamination or degradation of Temporary soil erosion control facilities shall the permittee fads to submit any relevant specifying the application's deficiencies. No water of the State; be removed upon completion of all facts in a permit application or report to the further action shall be taken on the Based on an assessment of the potential of construction activities final stabilization, and Town, the permittee shall promptly submit the application until the deficiencies are various sources at the sde to contribute earth disturbance areas graded and relevant application information which was remedied. If the applicant fails to correct the pollutarlls to stormwater, the SWMP shall stabilized with permanent soil erosion control not submitted or any additional information deficiencies within sixty (60) calendar days, include a description of reasonable and measures pursuant 1o the standards and which was not submitted or any additional the application shall be considered appropriate control measures that will be specifications prescribed in the latest • information needed to correct any erroneous withdrawn and returned to the applicant. The implemented at the site. revision of the stormwater management plan information previously submitted, applicant may appeal the Community All temporary erosion control facilities guidance document prepared by the CDPHE Development Director's determination to the intended to control erosion and sediment of and in accordance with the permanent PROCEDURE FOR REVIEW OF Planning and Environmental Commission any earth disturbance operator shall be erosion control features shown on the SWMP APPLICATIONS (PEC) pursuant to Section 3 (E) III (A) (1) of installed before any construction activities approved by the Town. Unless otherwise stated in this regulation, the these Water Oualily Protection Standard take place; submission of an application for, Regulations. The selection, design and installation of SITE INSPECTIONS determination of the completeness of, staff appropriate structural and nonstructural Inspections shall be completed on a Corm review of, anti notice and scheduling of PERMIT ISSUANCE/DENIAL BMPs must be done in accordance with the prescribed by the Town. (e.g., CDOT's public hearings on all applications for storm The Town shall have up to ten (10) working latest version of the Urban Drainage and inspection form as a template]. water quality permits shall comply with the days after receipt of the complete application Flood Control District's Urban Storm Drainage Active Sites -For sites where construction procedures this subsection. to request additional information and/or deny Criteria Manuals (Vol. 3), has not been completed, the permittee the permit. Upon receipt of the corrective Any earth disturbance shall be conducted in and/or operator shall make a thorough Initiation. Applications for a stormwater information, the Town shall have an additional such a manner so as to effectively reduce inspection of their SWMP at least every 14 quality permit shall be submitted to the ten working days to issue or deny the permit. accelerated soil erosion and resulting days and after any precipitation or snowmelt Community Development Director and Town sedimentation. event that causes surface erosion. Engineer 6y the owner, or any other person If a permit is denied, the applicant shall be All earth disturbances shall be designed, The construction site perimeter, disturbed having a recognized interest in the land for notified of such in writing. The notification constructed and completed in such a manner areas and areas used for material storage which the development is proposed, or their shall set forth the grounds for denial and so that the exposed area of any disturbed that are exposed.to precipitation shall be authorized agent. inform the applicant of what corrective land shall be limited to the shortest possible inspected for evidence of, or the potential for, actions must be taken to obtain a permit. An period of time; pollutants entering the drainage system. Applicant is Not the Owner. If the applicant is applicant may appeal the denial in writing to Sediment caused by accelerateo soil erosion Erosion and sediment control measures not the owner of the land, or is a contract the PEC no later than thirty calendar days shall be minimized from runoff water before it identified in the SWMP shall be observed to purchaser of the lano, the applicant shall from the date of issuance denial. The appeal leaves the site of the drslurbed area; ensure that they are operating correctly. _ submit a letler signed by the owner must set forth the grounds for the appeal and Any temporary or permanent facility Based on the results of the inspection, the consenting to the submission of the include any documents in support of the designed and constructeo for the description of potential pollutant sources, application. applicant's appeal. The PEC shall within conveyance of water around, through, or from and the pollution prevention and control Applicant if Not the Sole Owner. It the thirty (30) calendar days of receipt of an the earth disturbance area shall be designed measures that are identified in the site's applicant is not the sole owner of the land, appeal rule on the matter based solely upon to limit the water Clow to a non-erosive SWMP shall be reviseo and modified as the applicant shall submit a letter signed by review of the application, denial, appeal, and velocity, appropriate as soon as practicable alter such the other owners or an association all documents related Thereto. The parties Construction site operators shall control inspection. Maintenance and/or representing the owners consenting to or shall receive written notice of the PEC's waste such as but not limited to discarded modifications to control measures shall be joining in the application for a stormwater decision. building materials, concrete truck washout, completed in timely manner, but in no case quality permit. chemicals, litter, and sanitary waste at the more than 7 calendar days after the STORMWATER MANAGEMENT PLANS construction site that may cause adverse inspection. Minimum Contents of Application The A stormwater Management Plan (SWMP) is impacts to water quality. The permittee and/or operator shall keep a application shall be submitted in a form required to be submitted with the application All discharges authorized by the Town shall record of inspections on the project site at all established by the Town of Vail and made and shall be prepared in accordance with all be composed entirely of stormwater and times. Any incidence of non-compliance, available to the public of the requirements of the most recent SWMP discharges of material other than stormwater such as uncontrolled releases of mud or guidance document prepared by the CDPHE must -be addressed in a separate permit muddy water or measurable quantities of Determination of Completeness. The and good engineering, hydrologic and issued by the State of Colorado for that sediment found ott the site, shall be recorded Community Development Director or Town pollution control practices. Prior to discharge: with a brief explanation as to the measures Engineer shall determine rf the application is commencement of construction activities, the Discharges exempt from discharge taken to prevent future violations, as well as complete and includes data in sufficient SWMP shall be implemented for the prohibitions (this area refers to an Illicit any measures taken to clean up the sediment detail to evaluate the application to determine construction site covered by the permit. Discharge Ordinance] that are combined That has left the site. After adequate whether it complies with the appropriate with stormwater discharges associated with measures have been taken to correct any substantive requirements of these Water Signatory Requirements. All plans shall be construction activity are authorized; problems, or where a report does not identify Quality Protection Standards. signed and certified for accuracy by the Landscaping irrigation any incidents of non-compliance, the report Applicants' Identify. The applicant's name, operator. ~ Lawn watering shall contain a signed certification indicating • mailing address, telephone and fax number. SWMP Review/Changes. The operator shall Diverted stream flows the site is in compliance. This record shall be If the applicant is to be represented by an amend the plan whenever there is a Irrigation return flow made available [o the Town of Vail gr State of agent, a letter signed by the applicant significant change in design, construction, Rising ground wafers Colorado upon request. The Dally Classlfleds 970.845.9937 / vaildaily.com Saturday, February 19, 2005 - Page C2T Completed Sites - For sites where all perform or cause to be performed the required to provide security in [he form of property on which the facility is located. As a construction activities are completed but final required work and assess [he charge for cash escrow or an irrevocable letter of credit. condition of approval of the BMP, [he stabilization has not been achieved due to a such work against the property owner, in The amount of [he security shall be based property owner shall agree to operate and vegetative cover that has been planted but accordance with the procedure set forth in upon the estimated cost of the work required maintain the RMP to its design capacity has not become established, the permittee Section O., 1., 2., 3., and 4, remedies for to ensure compliance with [he terms and unless or until the Town shall relieve the andlcr operator shall make a thorough noncompliance. conditions oY the permd and requrements of .progeny owner of that responsibility in inspection of the SWMP at least once every this section. In determining the cost of work, writing. The obligation to maintain the BMP month. Wnen site conditions make this TRANSFER OF PERMIT an administrative fee of 1S% of the escrow shall be memorialized on ilia subdivision or • schedule impractical. the permittee and/or When the responsibility for stormwater amount shall be included. annexation plat or in a form acceptable to the operator may petition the Town to grant an discharges at a construction sde changes Town and shall be recorded in the Office of alternate inspection schedule. These from one owner to another, the permittee shall RELEASE OF SECURITY the Eagle County Clerk and Recorder. inspections must be conducted in submit a compleletl Notice of Transfer and The security shall be released when the Manufactured devices such as stormwater accordance with subparagraphs a, b, and c Acceptance of Terms of a stormwater Duality permit has been inactivated upon the Town's quality vaults are acceptable under ilia of subparagraph (1) above. Permit Certification on a form prescribed by determination that the permittee has following conditions: Winter Condtions - Inspections, as the Town that is signed rn accedence with successfully completed all required work and The paved area served by the tlewce shall be described above in subparagraphs a. and b., subsection (D), (1) of this section. II the new met all other requirements of this section. no greater than three acres, i are not required at sites where snow cover responsible party will not complete the There shall be paved access to such devices exists over the entire site for an extended transfer form the permit may De inactivated ASSESSMENT at a minimum of five feet in distance between period, and melting conditions do not exist. and the new owner shall obtain permit If the permittee does not successfully the pavement and the maintenance hatch to The exemption is applicable only during the coverage separately. complete all required work or violates any the vault. The paved access shall be period where melting conditions do not exist. requirement of the permit or this section, the designed for large vehicles as approved by Regular inspections, as described above, INSPECTIONS AND RIGHT OF ENTRY Town may take corrective measures and the Town engineer. are required at all other times. The permittee shalt allow the Town charge the cost of such to the permittee. Salts, metals, pesticides, organic solvents, Engineer and/or an authorized Such costs shall include the actual cost of fertil¢ers and other water-soluble materials REPORTING representative: any work deemed necessary by the Town. It shall be stored in areas served by ilia water No regular reporting requirements are To enter upon the permittee's premises where the total of such costs exceeds the security, quality vaults. included in this section; however, the Town a regulated facility or activity is located or in the permittee shall be responsible for reserves the right to request that a copy of which any records are required to be kept payment of the remaining balance within Section 4. If any part, section, these the inspection reports 6e submitted. under the terms and conditions of the permit; thirty (30) calendar days of receipt of an subsection, sentence. clause or phrase of At reasonable times to have access to and accounting of such from the Town. this ordinance is for any reason held to be FINAL STABILIZATION copy any records required to be kept under invalid, such decision shall no[ effect the Final stabilization is reached when all soil the terms and conditions of this permit and to ESTABLISHMENT OF FEES validity of the remaining portions of this disturbing activities at the site have been inspect any monitoring equipment or The Town Council shall, by resolution, ordinance, and the Town Council hereby completed, and uniform vegetation cover has monitoring method required in the permit; establish all fees and charges deemed declares it wouftl have passed this been estab8shetl with a density of at least 70 and necessary 6y the Town to implement the ordinance, and each part, section, percent of pre-disturbance levels, or To enter upon the permittee's premises to requirements of this section. subsection, sentence, clause or phrase equivalent permanent, physical erosion investigate, within reason, any actual thereof, regardless of the fact that any one or reduction methods have been employed. For suspected, or potential source of water VARIANCES AND EXCEPTIQNS more . parts, sections, subsections, purposes of this requirement, establishment pollution, or any violation of the Colorado No permits shall bd requred for the sentences, clauses or phrases be declared of a vegetative cover capable of providing Water Duality Control Act. The investigation following: invalid. erosion control equivalent to pre-existing may include, but is not limited to the conditions at the site can be considered final following: sampling of any discharge and/or Agricultural use of land zoned vrural Section 5. The Town Council hereby stabilization. The Town may, after process waters, the taking of photographs, residential. finds, determines and declares that this consultation with the permittee and/or interviewing permittee staff on alleged Grading or an excavation below finished ordinance is necessary and proper for the operator and upon good cause, amend the violations, and access to any and all facilities grade for basements, footings, retaining health, safety and welfare of the Town of Vait final stabilization criteria for specific or areas within the permittee's premises that walls, or other structures on plots of less than and the inhabitants thereof. operations. may have any effect on the discharge,permit half (1/2) acre in size unless required Permanent soil erosion control measures for or alleged violation. otherwise under Section 3 (B) II (A) above" If Section 6, The amendment of any aN slopes, channels, ditches, or any groundwater is encountered, the owner must provision of the Town Cotle es provided in disturbed land area shall be completed REMEDIES FOR NONCOMPLIANCE contact the Town engineer and obtain a this ordinance shall not affect any right which within fourteen (14) calendar days after final Compliance orders. Whenever the Town groundwater discharge permit. has accrued, any duty imposed, any violation grading or the final earth disturbance has determines that any activity is occurring Sites smaller than one half (1/2) acre which that occurred prior to the effective date been compleletl. When i[ is not possible to which is not m compliance with a stormwater are not part of a larger common plan of hereof, any prosecution commenced, nor any permanently stabile a disturbed area after quality permit and/or the requirements of this development or sale and which constitute an other action or proceeding as commenced an earth disturbance has been completed or ordinance, the Town may issue a written infill of an established older development under or by virtue of [he provision amended. where significant earth tlrslurbance activity noncompliance order to such person or within the Town. ~ The amendment of any provision hereby shag ceases, temporary soil erosion control permittee. The person or permittee shall Where the applicant's engineer or CPESC not revive any provision or any ordinance measures shall be implemented within submit a written compliance schedule to the professional certifies in writing that the previously repealed or superseded unless fourteen (14) calendar days. All temporary Town Engineer with in five (5) days. The planned work and the final structures or expressly slated herein. • soil erosion control measures shall be schedule shalt contain specific actions the topographical changes will not result in or maintained until permanent soil erosion permittee/operator must complete, including contribute to soil erosion or sedimentation Section 7 All bylaws, orders. measures are implemented. dates for the completion of the artrons. It and will not interfere with any existing resolutions and ordinances, or parts thereof, shall be unlawful for any person to fail to drainage course in such a manner as to inconsistent herewith are repealed to the RETENTION OF RECORDS comply with any compliance order cause damage to any adlacent property or extent only of such inconsistency. This The permittee shall retain copies of the requirement. result in the deposition of debris or sediment repealer shaVV not be construed to revise any SWMP and all reports regwred by this permit Suspension and revocation of permit. The on any public way, will not present any bylaw, order, resolution or ordinance, or part and records of all data used to complete the Town may suspend or revoke a stormwater hazard to any persons a property and will thereof, theretofore repealed. application to be covered 6y this permit, fora quality permit for violation of any provision of have no detrimental influence upon the period of at least three years from the date this section, violation of the permit, and(or public welfare or upon the total development that the site is finally stabilized; misrepresentations by the permittee or the of the watershed. The permittee shall retain a copy of the permrttee's agents, employees, or Even though permits are not regwred under SWMP required by this permit at the independent contractors. subsections U. V 1-, 2, 3., and 4., of this INTRODUCED, READ ON FIRST READING, construction site from the date of protect Stop work orders. Whenever the Town section, those operations and construehon APPROVED, AND ORDERED PUBLISHED initiation to the date of final stabilization, determines that any activity is occurring activities which are exempted from obtaining ONCE IN FULL ON FIRST READING this ist unless the Town approves another location, which is not in compliance with an approved permits must comply with the rules and day of February, 2005, and a public hearing specified by the permittee. permit and/or the requirements of this regulations concerning grading and erosion for second reading of this Ordinance set for ordinance, the Town may order such activity specified in this section, and shall provide the 1st day of March, 2005, in the Council CHANGE IN DISCHARGE stopped upon service of written notice upon appropriate controls to retain soil erosion on Chambers of the Vail Municipal Buildng, Vail, The permittee shall inform the Town Engineer the permittee and/or operator responsible for the construction site. Colorado. within two weeks m venting of any intent to or conducting such activity. Such permittee sigrtit;cantly change the activities from those arid/or operator shall immediately stop all NEW DEVELOPMENT AND indicated in the permit application (this does activity until authorized in writing by the Town REDEVELOPMENT STORMWATEA QUALITY not include changes to the SWMP). Upon to proceed. If the appropriate permittee REQUIREMENTS request, the permittee shall furnish the Town and/or operator cannot be located, the notice New development and redevelopment with such plans and specification, which the to stop shall be posted in a conspicuous projects that disturb at least ~ acre of land, Town deems reasonable necessary to place upon the area where the activity is including projects less than ?acre that are evaluate the effect on the discharge and occu«ing. The notice shall state ilia nature of pan of a larger common plan of development Rodney E. Slifer, Mayor receiving water The SWMP shall be updated the violation. The notice shall not be removed or sale, or are within the riparian zone must ATTEST within 30 days of the changes. Any until the violation has been cured or address stormwater runoff quality through the discharge to the waters of the State from a authorization to remove the notice has been use of nonstructural and structural BMPs. point source othet than specifically issued by the Town. It shall be unlawful for Criteria for new development and authorized in this section is prohibited. any permittee and/or operator to fail to redevelopment planning, water quality Lorelei Donaldson, Town Clerk comply with a stop work order. protection and the selection and design of OPERATION AND MAINTENANCE Civil proceedings. In Case of any violation of which BMPs are adequate for specific READ ANO APPROVED ON SECOND REDUIREMENTS any provision of this ordinance, or any developments can generally be determined READING AND ORDERED PUBLISHED this The owner shall be responsible for the amendment thereof, the Town of Vait may, at using the latest revision of the Urban tst day of maintenance of all permanent quality its discretion, initiate civil proceedings, Drainage and Flood Control District's Urban March, 2005, measures enacted pursuant Io this chapter. including injunction, mandamus, abatement, Storm Drainage Criteria Manuals. BMPs All temporary stormwater quality control declaratory judgment or other appropriate selected must be designed and implemented measures shall be renroved after work on the actions or proceedings, to prevent, enjoin, according to specrfications. For purposes of Rodney E. Slifer, Mayor site has been completed and the measures abate, remove, or otherwise correct any such design and selection of BMPs, the following ATTEST: are lonyer needed. Should any property unlawful condition. Civil remedies provided additions and changes are made to the latest owner tail to adequately maintain the for under finis section are not exclusive and revision of the Urban Drainage and Flood permanent stormwater quality measures or shall not preclude prosecution for criminal Control District's Urban Storm Drainage remove the temporary measures, the Town violations under the provisions of this secLOn. Criteria Manuals. may, after notifying the owner of the required Lorelei Donaldson, Town Clerk maintenance and/or removal and the owner SECURITY REDUIREMENTS Structural RMPs shall be located on private tailing to perform such maintenance and/or As a condition for the issuance of a property. When so totaled, the BMP shall be • removal. enter the affected property and stormwater quality permit, apPhcanis shall be owned and operated by the owner of the o Published in the Vail Daily February B, 2005 r - The Dally Ci, .ifleda 970.845.9937 / vaildaily.com Saturday. March 5, 2005 age B37 1. Active Sites -For sites where construction L. RETENTION OF RECORDS compliance schedule to the Town Engineer 3. Sites smaller than one half (`,tq acre which has not been completed, the permittee 1 The permittee shall retain copies of the with in five (5) days. The schedule shall are not part of a larger common plan of and/or operator shall make a thorough SWMP and all reports required by this permit contain specific actions the development or sale and which constitute an inspection of then SWMP at least every 14 and records of all data used to complete the permittee/operator must complete, including infifl of an established older development days and after any precipitation or snowmelt application to be covered by this permit, fora dates for the completion of the actions. It within the Town. event that causes surface erasion. period of at least three years from the date shall be unlawful for any person to tail to 4. Where the applicant's engineer or CPESC a. The construction site perimeter, disturbed that the site is finally stabilized; comply with any compliance order professional certifies in writing [hat the areas and areas used for material storage 2. The permittee shall retain a copy of the requirement. planned work and the final structures or Iha( are exposed to precipitation shall be SWMP required by this permit at the 2. Suspension and revocation of permit. The topographical changes will not result in or inspected fa evidence of, or the potential tor, construction site from the date of project •Town Manager, or hislher designee, may contnbu[e to soil erosion or sedimentation pollutants entering the drainage system. initiation to the date of final stabilization, suspend or revoke a stormwater quality and will not interfere with any existing Erosion and sediment control measures unless the Town approves another location, permit for violation of any provision of this tlraihage course in such a manner as to identified in the SWMP shall be observed to specified by the permittee. section, violation of the permit, and/or cause damage to any adjacent property or ensure that they are operating correctly. misrepresentations by the permittee or the result in the deposition of debris or sediment b. Basetl on the results of the inspection, the M, CHANGE IN DISCHARGE permittee's agents, employees, or on any public way, will not present any description of potential pollutant sources, The permittee shall inform the Town Engineer independent contractors. hazartl to any persons or property and will and the pollution prevention and control within two weeks in writing of any intent to 3. Stop work orders. Whenever the Town have no detrimental influence upon the measures that are identified in the site's significantly change the activities from those Manager, or hialMr designee, determines public welfare or upon the total development SWMP shall be revised and modified as indicated m the permit application (this does that any activity is occurring which is not in of the watershed. appropriate as soon as practicable alter such not include changes to the SWMP). Upon compliance with an approved permit and/or 5. Even though permits are not required inspection. Maintenance and/or request, the permittee shall furnish the Town the requirements of this ordinance, the Town under subsections V. 1., 2., 3., and 4., of this motlifications to control measures shall be with such plans and specification, which the may order such activity stopped upon section, those operations and construction , completed in timely manner, but in no case Town deems reasonable necessary to service of written notice upon the permittee activities which are exemptetl from obtaining more than 7 calendar days after the evaluate the effect on the discharge and and/or operator responsible for a conducting permits must comply with the rules and inspection. receiving water. The SWMP shall be updated such activity. Such permittee and/or operator regulations concerning grading and erosion c. The permittee and/or operator shall keep within 30 days of the changes. Any shall immediately stop all activity until specified in this section, and shaft provide a record of inspections on the project site at discharge to the waters of the State from a authorized in writing by the Town to proceetl. appropriate controls to retain soil erosion on all times Any incidence of non-compliance, point source other than specifically If (he appropriate permittee and/or operator the construction site. such as uncontrolled releases of mud or authorized in this section is prohibited. cannot be located, the notice to stop shall be muddy water or measurable quantities of posted in a conspicuous place upon the area sediment found off the site, shall be recorded N. OPERATION AND MAINTENANCE where the activity is occurring. The notice Section 4. If any part, section, with a brief explanation a5to the measures REQUIREMENTS shall state the nature of the violation. The subsection, sentence, clause or phrase of taken to prevent future violations, as well as The owner shall be responsible for the notice shall not be removed until the violation this ortlinance is for any reason held to be any measures taken to clean up the sediment maintenance of all permanent quality has been cured or authorization to remove invalid, such decision shall not effect the that has left the site. After adequate measures enacted pursuant to this chapter. the notice has been issued by the Town. It validity of the remaining portions of this measures have been taken to correct any All temporary stormwater quality control shall be unlawful for any' permittee and/or ordinance; and the Town Council hereby problems, or where a report does not identify measures shall be removed after work on the operator to fail to comply V~tith a stop work declares if would have passed this any incidents of non-compliance, the report site has been completed and the measures order ordinance, and each part, section, shall contain a signetl certification indicating are no longer needed. Should any property 4. Civil proceedings. In case of any violation subsection, sentence, clause or phrase the site is in compliance. This record shall be owner fail to adequately maintain the of any provision of this ordinance, or• any thereof, regardless of the fact that any one. or made available tp the Town of Vail or State of permanent stormwater quality measures or amendment thereof, the Town of Vail may, al more parts, sections, subsections, Colorado upon request. remove the temporary measures, the Town its tliscretion, initiate civil proceedings, sentences, clauses or phrases be declared 2. Completed Sdes -For sites where all may, after notifying the owner of the required including injunction, mantlamus. abatement, invalid. construction activities are completed but final maintenance and/or'removal and the owner declaratory judgment or other appropriate stabilization has not been achieved due to a failing to perform such maintenance antl/or actions or proceedings, to prevent, enjoin, Section 5. The Town Council hereby vegetative cover that has been planted but removal, enter the alfected property and abate, remove, or otherwise correct any subh finds, determines end declares that this has not become established, the permittee perform or cause to be performed the unlawful condition Civil remedies providetl ortlinance is necessary and proper for the and/or operator shall make a thorough required work and assess the charge for for under this section are not exclusive antl health, salety and welfare of the Town of Vail inspection of the SWMP al least once every such work against the property owner, in shall not preclude prosecution for criminal and the inhabitants thereof. month. When site conditions make this accordance with the procedure set forth in violations under the provisions of this section. Section B. The amendment of any schedule impractical, the permittee and/or Section Q., 1., 2., 3., and 4., remedies for provision of the Town Code as provided in operator may petition the Town to grant an noncompliance. R. SECURITY REQUIREMENTS this ordinance shall not affect any right which alternate inspection schedule. These As a condition for the issuance of a has accrued, any duty imposed, any violation inspections must be conducted in O. TRANSFER OF PERMIT stormwater quality permit, applicants shall be that occurred prior to the effective date accordance with subparagraphs a, 6, and c When the responsibility for stormwater required to provide security in the form of hereof, any prosecution commenced, nor any of subparagraph (1) above. discharges at a construction site changes cash escrow or an irrevocable letter of credit. other action or proceeding es commenced • 3. Winter Conditions - Inspections, as from one owner to another, the permittee shell The arrrount of the aecuriry shall be basa0.,. unditr o[ 11M.~XU1156,Rt:.tl1K,A(4.It(6iGrlia~gdQBd. described above in subparagraphs a. and b., submit a completed Notice of Transfer and upon the estimated cost of the work required The amendment of any provision hereby shall are not required at sites where snow cover Acceptance of Terms of a stormwater Quality to ensure compliance with the terms and not revive any provisron or any ordinance exists over the entire site for an extended Permit Certification on a form prescribed by conditions of the permit and requirements of previously repealed or superseded unless period, and melting conditions do not exist. the Town that is signed in accordance with this section. In determining [he cost of work, expressly stated herein. The exemption is applicable only during the subsection (D), (1) of this section. If the new an atlministrative fee of 15% of the escrow period where melting conditions tlo not exist. responsible party will not compfeta the amount shalt be included. Section 7. All bylaws, orders, Regular inspections, as described above, transfer form the permit may be inactivated resolutions and ordinances, or parts thereof, are required at all other times. and the new owner shall obtain permit S. RELF~6SE OF SECURITY inconsistent herewith are repealed to the coverage separately. The security shall be released when the extent only of such inconsistency. This J. REPORTING permit has been inactivated upon the Town's repealer shall no[ be construed to revise any No regular reporting requrements are P INSPECTIONS AND RIGHT OF ENTRY determination that the permittee has bylaw, order, resolution or ordinance, or part included in this section; however, the Town The permittee shall allow the Town successfully completed all required work and thereof, theretofore repealed. . reserves the right to request that a copy of Engineer and/or an authorized met all other requirements of this section. the inspection reports be submitted. representative: INTRODUCED, READ ON FIRST READING, 1 To enter upon the permittde's premises T. ASSESSMENT APPROVED, AND ORDERED PUBLISHED , K. FINAL STABILIZATION ~ where a regulated facility or activity is located If the permittee does not successfully ONCE IN FULL ON FIRST READING this 1st 1. Final stabilization is reached when all soil or in which any records are required to be complete all required work or violates any day of February, 2005, and a public hearing disturbing activities at the site have been kept under the terms and conditions of the requirement of the permit or this section, the for second reading of this Ordinance set for completed, and uniform vege[alion cover has permit; Town may take corrective measures and the 1st day of March, 2005, in the Council been established with a density of at least 70 2. At redssonable times to have access to and charge the cost of such to the permittee. Chambers of the Vail Municipal Building, Vail, percent of pre-disturbance levels, or copy any records required to be kept under Such costs shall include the actual cost of Colorado. equivalent permanent, physical erosion the terms and conditions of this permit and to any work deemetl necessary by the Town. If~ reduction methods have been employed. For inspect any monitoirng equipment or the total of such costs exceeds the security, purposes of this requirement, establishment monitoring method required in the permit; the permittee shall be responsible for of a vegetative cover capable of providing antl payment of the remaining balance within erosion control equivalent to pre-existing 3. To enter upon the permittee's premises to thirty (30) calendar days of receipt of an conditions at the site can be considered final investigate, within reason, any actual accounting of such from the Town. Rodney E. Slifer, Mayor stabilization. The Town may, after suspected, or potential source of water ATTEST , consultation with the permittee and/or pollution, or any violation of the Colorado U. ESTABLISHMENT OF FEES operator and upon good cause, amend the Water Quality Control Act. The investigation The Town Council shall, by resolution, final stabilization criteria for specific may include, but is not limited to the establish all fees and charges deemed Lorelei Donaldson, Town Clerk operations. following: sampling of any discharge and/or necessary by the Town to implement the ° 2. Permanent soil erosion control measures process waters, the taking of photographs, requirements of this section. READ AND APPROVED ON SECOND for all slopes, channels, ditches, or any interviewing permittee staff on alleged READING AND ORDERED PUBLISHED Ibis disturbed land area shall be completed violations, and access to any and all facilities V. VARIANCES AND EXCEPTIONS 1st day of within fourteen (74) calendar days after final or areas within the permit(ee's premises that No permits shall be required for the March, 2005. grading or the linal earth disturbance has may have any effect on the discharge, permit following: been completed. When it is not possible to or alleged violation. permanently stabilize a disturbed area after 1 Agricultural use of land zoned rural an earth disturbance has been completed or O. REMEDIES FOR NONCOMPLIANCE residential. where significant earth disturbance activity 1 Compliance orders. Whenever the Town 2. Grading or an excavation below finished Rodney E. Slifer, Mayor ceases, temporary sotl erosion control Manager, or hieltter designee, determines grade for basements, footings, retaining ATTEST: measures shall be implemented within that any activity is occurring which is not in walls, or other structures on plots of less than fourteen (14) calendar days. All temporary compliance with a stormwater quality permit half (1/2) acre in size unless required soil erosion control measures shall be and/or the requirements of this ordinance, the otherwise under Section 3 (B) above. If _ maintained until permanent soil erosion Town may issue a written noncompliance groundwater is encountered, the owner must Lorelei Donaldson, Town Clerk • measures are implemented. order to such person or permittee. The contact the Town engineer and obtain a , person or permittee shall submit a written groundwater discharge permit. Published in the Vail Daily March 5, 2005 r' Page Bat Saturday, March 5 20(15 The Daily Claesifleds 970.845.9937 ,iltlail~.com designated Threatened or endangered wi istnnng to me submission of the actions must be taken to obtain a permit. An sedimentation. species, to preserve ground water recharge application. applicant may appeal the denial in writing to 6. All earth disturbances shall be designed, functions, and preserve natural flood plain b. Applicant if Not the Sole Owner. If the the PEC no later than thirty calendar days constructed and completed in such a manner control. applicant is not the sole owner of the land, from the date of issuance denial. The appeal so that the exposed area of any disturbed the applicant shall submit a letter signed by must set forth the grounds for the appeal and land shall be limited to the shortest possible 2. Intent: The intent ~ot this chapter is to the other owners or an association include any documents in support of the period of time; enhance the quality of water in the Town's representing the owners consenting to or applicant's appeal. The PEC shall within 7. Sediment caused by accelerated soil . drainage ways and subsequent receiving joining in the application for a stormwater thirty (30) calendar days of receipt of an erosion shall be minimized from runoff water waters by establishing requirements for quality permit. appeal rule on the matter based solely upon before it leaves the site of the disturbed area; stormwater quality permits for construction review of the application, denial, appeal, and 8. An rem orar or y p y permanent facility an evelopmenL to prevent soil erosion and 2, Mirnmum Contents of Application. The all documents related thereto. The parties designed and constructed for the setlimentalion from leaving construction application shall be submitted in a form shall receive written notice of the PEC's conveyance of water around, through, or from activities within the Town in order to protect established by the Town of Vaii and made decision. the earth disturbance area shall be designed the vital, beneficial functions and values of available to the public to limit the water flow to a non-erosive wetlands, streams, riparian zones or areas ~ F. STORMWATER MANAGEMEN7 PLANS velocity; and water bodies within the Town. a. Determination of Completeness. The A stormwater Management Plan (SWMP) is 9. Construction site operators shall control Community Development Director or Town required to be submitted with the application waste such as but not limited to discarded 3. Liability Any person who undertakes or Engineer shall determine if the application is and shall be prepared in accordance with all building materials, concrete truck washout, causes to be undertaken any activity which complete and includes data in sufficient of the requirements of the moss recent SWMP chemicals, litter, and sanitary waste at the involves disturbance of the land's surface detail to evaluate the application to determine guidance document prepared by the CDPHE construction site that may cause adverse shall ensure that soil erosion, sedimentation, whether it complies with the appropriate and good engineering, hydrologic and impacts to water quality. ' increased pollutant toads and changed water substantive requirements of these Water pollution control practices. Prior to 70. All discharges authorized by the Town - flow characteristics resulting from the activity Quality Protection Standards. commencement of construction achvities, the shall be composed entirely of stormwater and are controlled so as to minimize pollution of b. AppOcanfs' Identify. the applicant's SWMP shalt be implemented for the discharges of material other than stormwater receiving waters. The requirements of this name, mailing address, telephone and fax construction site covered by the permit. must be addressed in a separate permit section are minimum standards and a number If the applrcant is to be represented issued by the State of Colorado for that person's compliance with the same shall not by an agent, a letter signed by the applicant 1, Signatory Requirements, All plans shall be discharge: relieve such person }Tom the duty of enacting granting power of attorney to the agent shall signed and certified for accuracy by the 11 Discharges exempt from discharge all measures necessary to minimize pollution be submitted, authorizing the agent to operator. prohibitions [this area refers to an Illicit of receiving waters. represent the applicant and stating the 2. SWMP Review/Changes. The operator Discharge Ordinance] that are combined representative's name, mailing address, shall amend the plan whenever there is a with stormwater discharges associated with B. PERMIT REQUIRED telephone and fez number. significant change in design, construction, construction activity are authorized; It shall be unlawful for any person to conduct c, Legal Description. The legal description operation, or maintenance, which has a a. Landscaping irrigation any activity resulting in the disturbance of any and street address, if such exists, of the significant effect on the potential for b Lawn watering land areas within the riparian zone, or parcel on which stormwater qualty controls discharge of pollutants to the MS4 or c. Diverted stream flows resulting in a total disturbed area of at least _ are proposed to occur. receiving waters, or if the,$WMP provides to d. Irrigation return flow acre, without first obtaining a stormwater d. Disclosure of Ownership. A discbsure of be ineffective in achievtp~ the ,general e. Rising ground waters quality permit from the Town. Total disturbed ownership of the property upon which the objectives of controlling pollutants in f. Uncontaminated ground water infiltration area includes any land within a project that stormwater quality permit is proposed to stormwater discharges associated ~ with ]as defined in 40 CFR 35.2005(20)] meets the definition of 'disturbed area," occur, listing the names of all owners of the construction activities. g. Uncontaminaletl pumped ground water whether or not such parcels are contiguous. property, and all mortgages, judgments, ~ h. Natural Springs liens, easement, contracts and agreements G. RESPONSIBILITY OF PERMtTTEE i. Flow from riparian habitats and wetlands Regardless of total disturbed area, the Town that run with the land. The disclosure of During construction activities the j. Water line flushing may also require a stormwater quality permit ownership may be in the form of a current permittee shall be responsible for k. Discharges from potable water sources in conjunction with the approval of a final certificate from a title insurance company, 1 The prevention of damage to any public L Foundation drains subdivision plat, conditional use permit, or deed, ownership and encumbrance report, utilities or service within the limits or grady~g m. Air conditioning condensation development plan. attorney's opinion or other documentation and along any routes of travel of the n. Water from crawl space pumps acceptable to the Town Attorney equipment; r o. Footing drains The Town may also require a stormwater e. Vicinity Map. An eight and one-half (8 2. The preventOn of damage to adjacent p. Individual residential car washing' quality permR for a disturbed area of less inch by eleven (17) inch vicmrty map, locating property (No person shall grade on land so q. De-chlorinated swimming pool discharges than _ acre that is part of a larger common the subject parcel within the Town of Vail. close to the property hne as to endanger any r. Street wash water plan of development. f. Streamside zone setback delineation. A adjoining public street, sidewalk, alley, or any 12. Concrete wash water shall not be property which is shown to include a stream public or private property without supporting discharged to the MS4 or waters o! the Stale; It shall be unlawful for any such person to fail and/or wetland shall be required to provide a and protecting such property from settling, 73. Off-site, vehicle tracking of sediments to obtain a stormwater quality permit. survey or dimensional site plan, drawn at an cracking, or other damage which might shall be minimized. Vehicle tracking on Town Issuance of a permit by the Town of Vail does engineering scale of 1.20, showing property result); streets shall nqt be allowed to enter the MS4 • not exempt the parties from obtaining any lines, buildings end any points of reference 3. Carrying out the proposed work in w waters of the State: all streets shall be permits required by the State of Colorado or from the streamsitle zone setback to the accordance with the approved SWMP and in scrapped and cleaned by the end of each the Federal Government. Town of Vail. compliance with all the requirements of the day; g. Written Description. A written description permit and this section; 14. The bypass of treatment facilities is C. PERMIT APPLICATION of the proposal and an explanation in written, 4 The prompt removal of all soil, generally prohibited; Persons required to obtain a stormwater graphic or model form of how the proposed miscellaneous debris, materials applied, 15. Bulk storage structures for petroleum quality permit shall complete and file with the development complies with the stormwater dumped, or otherwise deposited on public products and other chemicals shall have Town anapplication on a form prescribed by quality standards regulation. streets, highways, sidewalks, or other pubic protection so as to contain all spills and the Town, in accordance with the h. Environmental Impact Report, when thoroughfares or any other non-authorized prevent any spilled material from entering the requirements of this section with the building applicable. offsite location, during transit to and from the MS4 or waters of [he State; permit application prior to the beginning of i. Adjacent Property Owners. A list of all construction site, or otherwise, where such 16. No chemicals are to be added to the construction activities. In support of the property owners, compiled by the applicant spillage constitutes a public nuisance, discharge unless the State of Colorado application, the applicant shall submit all using the most recent Eagle County tax rolls, trespass or hazard in the determination of the grants permissions for the use of a specific information required on the Town's form and is requirsd for all applications and shall be Town Engineer or a Court of competent chemical and documentation of which is any additional information requested by the submitted to the Community Development jurisdiction; and presented to the Town; Town. A separate application shall be Director as part of the application for 5. In addition to the actual construction 17. Solids, sludge or other pollutants required for each stormwater quality permit development. In addition to submitting a activities, the following types of activities removed in the course of treatment or control along with plans, specifications, and timing written list, the applicant shall also submit the must be evaluated ,for the reasonable of wastewaters shall be properly disposed of schedules for all earth disturbances. Where addresses on adhesive labels or in the form potential for contributing pollutants to runoff: in a manner such as to prevent any pollutant the permittee fails !o submit any relevant of pre-addressed envelopes. loading and unloading operations, outdoor from such materials from entering waters of facts in a permit application or report to the j. Determined Incomplete. If the Community storage activities; vehicle and equipment the States; Town, the permittee shall promptly submit the Development Director or Town Engineer maintenance and fueling; significant dust or 18. All wastes composed of building relevant application information which was determines the application is incomplete, a particulate generating processes; and on- materials must be removed from the site for not submitted or any additional information written notice shall be mailed to the applicant site waste disposal practices. disposal in licensed disposal facilities. No which was not submitted or any additional specifying the application's deficiencies. No building material wastes or unused building information needed to correct any erroneous lurther action shall be taken on the H. GENERAL REQUIREMENTS ~ materials shall be buried, dumped, or information previously submitted. application until the deficiencies are 1 stormwater discharges trom construction discharged at the site;., ° remedied. If the applicant fails to correct the activities shall not cause or threaten to cause 19. All discharges must comply with the D. PROCEDURE FOR REVIEW OF deficiencies wTthrn sixty (60) calendar days, pollution, contamination or degradation of lawful requirements of the Town of Vail, and APPLICATIONS the application shall be considered water of the State; other agencies regarding any discharges of Unless otherwise stated in this regulation, the withdrawn and returned to the applicant. The 2. Based on an assessment of the potential of stormwater to the M54 or waters of the State submission of an application for, applicant may appeal the Community various sources at the site to contribute under their jurisdiction, including applicable determination of the completeness of, staff Development Director's determination to the pollutants to stormwater, the SWMP shall requirements; review of, and notice and scheduling of Planning and Environmental Commission include a description of reasonable and 20. Temporary soil erosion control facilities public hearings on all applications for storm (PEC) pursuant to Section 3 (E) of these appropriate control measures that will be shall be removed upon completion of all water quality permits shall comply with the Water puality Protection Standard implemented at the site; construction activities final stabilization, and procedures this subsection. Regulations. ~ 3. All temporary erosion control facilities earth disturbance areas graded and intended to control erosion and sediment of stabilized with permanent soil erosion control 1 Initiation. Applications for a stormwater E. PERMIT ISSUANCE/DENIAL any earth disturbance operation shall be measures pursuant to the standards and quality permit shall be submitted to the The Town shall have up to ten (t0) working installed before any construction activities specifications prescribed in the latest Community Development Director and Town days after receipt of the complete application take place; revision of the stormwater management plan Engineer by the owner, or any other person to request addihonal information and/or deny 4. The selection, design and installation of guidance document prepared by the CDPHE having a recognized interest in the land for the permit. Upon receipt of the corrective appropriate structural and nonstructural and in accordance with the permanent which [he development is proposed, or their information, the Town shall have an additional BMPs must be done in accordance with the erosion control features shown on the SWMP authorized agent. ten working days to issue or deny the permit. latest version of the Urban Drainage and approved by the Town. Flood Control District's Urban Storm Drainage a. Applicant is Not the Owner. If the If a permit is denied, the applicant shall be Criteria Manuals (Vol. 3); 1. SITE INSPECTIONS applicant is not the owner of the land, or is a notified of such in writing. The notification 5. Any earth~tlisiurbance shall be conducted Inspections shall be completed on a form contract purchaser of the land, the applicant shall set forth the grounds for denial and in such a manner so as to effectively reduce prescribed by the Town. 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