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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)
A. The Stormwater Enterprise Manager, after inspection, may declare a site to be a nuisance to the public health, safety, and welfare if any one of the following conditions exist:
1. Any fill, excavation, or grading exists that, as a result of natural or unnatural conditions, has or will result in damage to life, limb, or property;
2. Grading or any land disturbance is taking place without an active GEC Permit or Associate GEC Permit, if required by Section 7.4.601 (Grading, Erosion, and Stormwater Quality); or
3. The conditions of the GEC Permit or Associate GEC Permit and Permanent Control Management Plan are not implemented or are insufficient to protect public safety, property, or water resources.
B. A nuisance to the public health, safety, and welfare shall be abated in accord with the requirements of the Stormwater Enterprise Manager, which may include, but are not limited to, submittal and implementation of a new or revised GEC Plan and/or CSWMP. (Ord. 23-03)
A. The Stormwater Enterprise Manager or City Engineer may enter upon any property at reasonable times to conduct inspections of grading and erosion control operations to determine compliance with stormwater requirements, policies, and procedures and to carry out duties in the enforcement of this Section 7.4.601, including abatement of violations.
B. In the event the owner of any property within the City refuses to permit entry to the Stormwater Enterprise Manager when entry is sought pursuant to this Section 7.4.603, or should permission to enter the property otherwise not be obtainable from the owner, the Stormwater Enterprise Manager may make application to any Judge of the Municipal Court of the City for the issuance of a warrant to inspect the property or carry out other duties, including the abatement of violations. A sworn application for entry and inspection shall identify the premises upon which entry is sought and the purpose for which entry is desired. The application shall state the facts giving rise to the belief that a condition that is in violation of the requirements of this Section 7.4.601 exists on the property, or that a violation in fact exists and must be abated. Any warrant issued shall command the owner to permit entry to Stormwater Enterprise Manager for the purposes stated in the application.
C. The property owner or the property owner's designated agent shall perform regular inspections of all grading and erosion control operations in accord with the policies and procedures set forth in the Engineering Criteria. (Ord. 23-03)
Any person who engages in grading or erosion control is declared to be totally responsible to those persons who may have been endangered or have negative property impacts as a result of not having or not following a GEC Plan and/or CSWMP or following an incorrect GEC Plan and/or CSWMP. (Ord. 23-03)
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