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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)
A. Stormwater Criteria: The property owner and developer shall comply with all stormwater requirements, policies, and procedures as set forth in the Engineering Criteria. The Stormwater Enterprise Manager is authorized to establish administrative rules and regulations, including updates to the Engineering Criteria.
B. Drainage Reports and Plans Required:
1. Drainage Reports: Requirements for drainage reports are set forth in the Engineering Criteria. The following list of submittals is for reference only.
a. Master Development Drainage Plan: Acceptance of a master development drainage plan is generally required prior to Development Plan approval.
b. Conceptual Drainage Report: Acceptance of a conceptual drainage report is generally required prior to Development Plan approval.
c. Preliminary Drainage Report: Approval of a preliminary drainage report is generally required prior to plat recordation.
d. Final Drainage Report: Approval of a final drainage report is generally required prior to drainage design plan approval.
e. Channel Design Report: Approval of a channel design report is generally required prior to channel design plan approval.
2. Drainage Plans: Requirements for drainage plans are set forth in the Engineering Criteria. The following list of submittals is for reference only:
a. Storm Sewer Plan: Approval of a storm sewer plan is generally required prior to Building Permit issuance.
b. Channel Design Plan: Approval of a channel design plan is generally required prior to Building Permit issuance.
c. Permanent Control Measure Plan: Approval of a permanent control measure plan is generally required prior to approval of the last phase of grading.
3. Assurance Required: Prior to approval of construction drawings, assurances that comply with the requirements of the Engineering Criteria shall be posted.
C. City Responsible for Accepted Facilities: All stormwater infrastructure constructed or provided under this Part 7.4.7 and designated by the Stormwater Enterprise Manager as public stormwater infrastructure with public maintenance shall, upon written acceptance by the Stormwater Enterprise Manager, become the property of the City and the City shall be responsible for the operation and maintenance of the facilities. (Ord. 23-03)
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