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A. A Geologic Hazard Study shall be required in conjunction with the City's review of the following type of applications or hazard areas:
1. An application where any portion of the land is within the HS-O district, the SS-O district, or a 100-year floodplain;
2. An application where any portion of the land is within Potential Landslide Susceptibility and Mine Subsidence areas on maps published by the Colorado Geological Survey; or
3. An application where the owner, applicant, or City staff are aware that the land contains any of the following:
a. Existing or proposed slopes exceeding thirty-three (33) percent or that are otherwise unstable or potentially unstable;
b. Underground mining or subsidence activity;
c. A history of a landfill or uncontrolled or undocumented fill activity; or
d. Other geologic hazards that pose a risk to the proposed project development on land with seismicity, collapsible or compressible soils, shallow water table or springs, steeply dipping bedrock, expansive soils, or expansive bedrock that cannot be mitigated with standard foundation design/construction practices.
B. If required by Subsection A above, a Geologic Hazard Study shall be required in conjunction with the City's review of the following type of applications:
1. Rezoning requests when the Manager or City Engineer determine that a potential a geological hazard is present;
2. New or updated Land Use Plans;
3. Final Plats when a geologic hazard study for the property has not previously been reviewed by the City or if assumptions and recommendations that were in place at the time a previously accepted geological hazard study are no longer valid;
4. Development Plans (including expired Development Plans which are being reinstated) are required to submit a Geologic Hazard Study. If a previous Geologic Hazard Study was submitted with a Development Plan, but the Study was based on assumptions and recommendations that are no longer valid a new Geologic Hazard Study is required with the Development Plan submittal; and
5. Public improvement construction drawings.
C. The City Engineer may request a site-specific Geologic Hazard Study in conjunction with a Building Permit for a new, reconstruction, or an expansion of the building footprint or deck where no previous Geologic Hazard Study has been reviewed by the City as part of the zone change, Development Plan, or Final Plat if one of the following conditions apply:
1. Changes in drainage pattern or water flow in an area of landslide susceptibility; or
2. Excavation or vertical penetration greater than three (3) feet in depth on existing slope of fifteen (15) percent grade or steeper.
D. A Geological Hazard Study is not required in the following situations:
1. Replats of previous subdivisions in which buildings exist on the proposed lots and no new structures (not including fences) or new building sites are being created; or
2. Development Plans that do not propose new building(s) or additions to existing building(s) and no significant grading is to occur on site.
E. Where subdivision plats do not propose new building sites, the Manager and City Engineer may allow the Geologic Hazard Study to be delayed until the submittal of the Development Plan if the subdivision plat was submitted in conjunction with a Land Use Plan and the Geologic Hazard Report was determined by City Engineering staff not to be needed at time of Land Use Plan.
F. Geologic Hazard Waivers:
1. The requirement for a Geologic Hazard Study may be waived if the following conditions exist:
a. Land Use Plans, Development Plans, or subdivision plats for which Geologic Hazard Studies have been previously prepared and reviewed and which are still considered by the City Engineer as relevant. The City Engineer may request a validation letter for previously approved geologic hazard report or may require a new Geologic Hazard Study; and
b. A geologic hazard waiver is approved for development proposals for sites that do not exhibit characteristics listed within Subsection A.3 above.
2. To obtain a waiver, the applicant shall submit a waiver request, which states the project meets the above noted criteria, and is prepared by a professional geologist or geotechnical engineer, who meets the qualifications listed in Section 7.4.503 (Preparation of Geological Studies and Report Guidelines) below. (Ord. 23-03)
Each required Geologic Hazard Study shall be prepared in accordance with the guidelines, criteria, policies and requirements for preparation, submittal, and review of a Geologic Hazard Study in the Engineering Criteria and shall be:
A. Prepared by, or under the direction of, a professional geologist as defined by C.R.S. § 23-41-208, or by a qualified Professional (geotechnical) Engineer licensed by the Colorado State Board of Licensure for Architects, Professional Engineers and Professional Land Surveyors; and
B. Signed by the professional geologist and/or by the Professional (geotechnical) Engineer who prepared or certified the study. (Ord. 23-03)
A. The requirements for scope of the Geological Hazard Study are included in the Engineering Criteria. In general, the Study shall be of sufficient detail and scope to:
1. Identify the geologic hazards affecting the development site;
2. Analyze the potential negative impacts the geologic hazards will have upon the proposed project;
3. Provide mitigation techniques that will reduce to acceptable standards the risk posed to the development by any identified geologic hazards;
4. Analyze potential impacts the proposed project will have on surrounding properties or public facilities related to existing geologic hazards; and
5. Provide recommendations to be incorporated into the proposed project that mitigate significant potential impacts to surrounding properties or public facilities.
B. The conclusions and recommendations of the study shall be based upon:
1. Site Specific Subsurface Investigations (not required for Land Use Plan level studies);
2. Site reconnaissance to identify the geologic features of the site and surrounding property;
3. Review of previous geologic reports within close proximity to the subject site;
4. Review of past geologic mapping in the area; and
5. Conclusions drawn from the experience of the reviewing geologist or geotechnical engineer. (Ord. 23-03)
A. Geologic Hazard Studies:
1. Geologic Hazard Studies will be reviewed by City staff in conjunction with the City's standard review of the application. If the City review determines that the Study submitted is incomplete or fails to comply with the City's requirements, the Study may be rejected and a new or supplemental study shall be required. The City's review shall determine whether the findings, conclusions and recommendations of the Study have been incorporated into the design of the Development Plan, Subdivision Plat, drainage plan, grading plan, street construction documents, and other public improvement construction drawings. In cases where significant geologic hazards are identified, appropriate mitigation measures shall be required in conjunction with the approval of the project.
2. Required mitigation measures shall include but not be limited to:
a. Changes to the proposed land use configuration;
b. Modification of land use types;
c. Modification of lot boundaries or building envelopes;
d. Special foundation designs;
e. Geotechnical engineering solutions;
f. Limitations on irrigated landscape designs;
g. Special drainage or underground utility infrastructure design; and
h. Avoidance.
B. Independent Review: City staff, Planning Commission, or City Council may, at their discretion, have geologic hazard studies independently reviewed by the Colorado Geological Survey (CGS) or by a City-approved professional geologist or qualified geotechnical consultant. This separate discretionary review shall be completed within twenty-one (21) working days of the date on which the decision to request independent review is made, shall supplement the City's review, and will be considered by the City in making a final recommendation or determination on the land development proposal application.
C. Applicant Request for Consultant Review Panel:
1. Prior to Planning Commission consideration or final administrative decision, an applicant may request that the City convene a consultant review panel. Applicant's request shall be in writing and shall specify the issue(s) raised by independent review or City staff recommendation regarding a Geologic Hazard Study with which the applicant disagrees. Applicant's request must be filed within ten (10) days after the date of either discretionary review or staff recommendation, whichever is later.
2. The consultant review panel shall consist of three (3) members who may be either professional geologists or geotechnical engineers, or qualified Colorado Licensed Professional Engineers selected by the City Engineer who shall conduct a thorough evaluation of the geologic hazard study or independent review and may conduct site visits or request additional testing. The panel's findings shall be included in staff's recommendation on the application. The Manager may establish policies and procedures for panel review. The cost of the panel shall be borne by the applicant.
D. Incorporation of Recommendations: Recommendations of the geologic hazard study shall be incorporated, as applicable, into the approval of a Land Use Plan, Development Plan, public improvement construction drawings, landscaping plan, and building construction plans.
E. Geologic Hazard Study Review: At the discretion of the Manager, and concurrent with other City reviews, a copy of a final geologic hazard study and its related Land Use Plan, Development Plan and/or Final Plat may be provided for review to the Colorado Geological Survey, a City-approved professional geologist, or an independent professional geotechnical engineer, with an anticipated response to the City within fourteen (14) days. If the City does not receive a response to the final geologic hazard study review from the Colorado Geological Survey, independent professional geologist, or independent professional geotechnical engineer within fourteen (14) days after submission, the City shall have the authority to process any approvals or denials of the associated plan or plat.
F. Improvement Location Certificate: For any single-family or duplex land development proposal subject to a Geologic Hazard Study, the applicant shall submit to the Manager an improvement location certificate prior to the issuance of a Certificate of Occupancy by the Regional Building Official. The improvement location certificate shall be prepared pursuant to the requirements set forth in C.R.S. § 38-51-108. The Regional Building Official shall not issue a Certificate of Occupancy until the manager reviews the improvement location certificate for conformance with the City approved land development proposal and site plan. (Ord. 23-03)
The following disclosure statement shall be placed on each Subdivision Plat, Development Plan, and other City permit, plan, or approval that is subject to a geologic hazard study:
"This property is subject to the findings summary and conclusions of a Geologic Hazard Report prepared _________________by dated __________, which identified the following specific geologic hazard on the property:
_______________________________ _____________________________________ ____________. A copy of that report has been placed within file # ___________or within the subdivision file of the Colorado Springs Planning Department. Contact the Colorado Springs Planning Department 30 South Nevada Avenue, Suite 701, Colorado Springs, CO, if you would like to review the report."
(Ord. 23-03)
A. Purpose: The purpose of this Section 7.4.601 is to safeguard life, limb, property, and the public welfare from adverse grading and erosion impacts to private and public property.
B. General Requirements:
1. Grading shall conform to all applicable safety requirements. An erosion control blanket shall be installed on all graded slopes three (3) to one (1) and greater. A slope stability analysis or approved alternative shall be performed for permanent slopes graded steeper than two and a half (2.5) to one (1).
2. All construction activities shall follow the applicable standards and policies and may be required to provide assurances for erosion control as set forth in the Engineering Criteria.
3. All projects shall be designed to avoid and/or minimize soil erosion, both during construction and at final stabilization.
4. All projects that propose grade changes over buried utility infrastructure shall be reviewed and approved by Colorado Springs Utilities. It is the developer's responsibility to submit and obtain approval from Colorado Springs Utilities.
C. Grading and Erosion Control (GEC) Permit:
1. No person shall undertake any grading on private property that will result in any of the following without first complying with the requirements of Subsection 2 below:
a. Construction activities disturbing one (1) or more acres;
b. Construction activities that are part of a larger common plan of development or sale where the larger common plan disturbs one (1) or more acres;
c. Any grading or construction within an open drainage channel as determined by the review engineer;
d. Any time a permanent control measure is constructed or substantially modified, to be defined as involving non-maintenance related activities; or
e. On any site as deemed necessary and required by the Stormwater Enterprise Manager.
2. Before engaging in any activity listed in Subsection 1 above, the owner of the property shall obtain a GEC Permit or an Associate GEC Permit according to conditions and process set forth in the Engineering Criteria. The following list of requirements is for reference only:
a. An approved GEC Plan;
b. An approved City Stormwater Management Plan (CSWMP); and
c. A passed Initial Inspection.
3. A Permanent Control Management (PCM) Plan must be approved prior to implementation of the final phase of a GEC Plan, and prior to construction of the Permanent Control Measures. The Stormwater Enterprise Manager may issue a stop work order pursuant to Subsection 7.5.904C (Stop Work Order for Hillside Site and Grading Plan) if work under the final phase of the GEC Plan is started without an approved PCM Plan. Requirements for PCM Plans are detailed in the Engineering Criteria. All PCM Plans shall be signed and bear the seal of a registered professional engineer licensed by the State of Colorado.
4. In all zone districts, a GEC Permit or Associate GEC Permit issued by the Stormwater Enterprise Manager shall authorize the approved construction activity and implementation of the approved construction control measures, except as stated in Subsections 5 and 6 below.
5. In the HS-O district, approval of a Hillside Site and Grading Plan is required in addition to a GEC Permit or Associate GEC Permit. No activity listed in Subsection 1 above may occur on lands in the HS-O district until an approval of a Hillside Development Plan has been obtained pursuant to Sections 7.2.610 (HS-O: Hillside Overlay) and 7.5.515 (Development Plan).
6. In SS-O district, approval of a Streamside Development Plan is required in addition to a GEC Permit or Associate GEC Permit. No activity listed in Subsection 1 above may occur in the SS-O district until an approval of a Streamside Development Plan has been obtained pursuant to Sections 7.2.603 (SS-O: Streamside Overlay) and 7.5.515 (Development Plan). (Ord. 23-03)
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