(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 human-made ponds in 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 floodplain control.
(2) Intent. The intent of this chapter is to enhance the quality of water in the town’s drainageways and subsequent receiving waters by establishing requirements for storm water 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 waters. 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.
(B) Permit required.
(1) 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 one-half acre, without first obtaining a storm water 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.
(2) Regardless of total disturbed area, the town may also require a storm water quality permit in conjunction with the approval of a final subdivision plat, conditional use permit, or development plan.
(3) The town may also require a storm water quality permit for a disturbed area of less than one-half acre that is part of a larger common plan of development.
(4) It shall be unlawful for any such person to fail to obtain a storm water quality permit. Issuance of a permit by the Town of Vail 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 storm water 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.
(1) 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.
(2) A separate application shall be required for each storm water quality permit along with plans, specifications and timing schedules for all earth disturbances.
(3) 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 of this subsection (D).
(1) Initiation. Applications for a storm water 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 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 storm water 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) Applicant’s identity. 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 storm water quality controls are proposed to occur;
(d) Disclosure of ownership. A disclosure of ownership of the property upon which the storm water quality permit is proposed to occur, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, 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 inch by 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 one to 20 (1:20), showing property lines, 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 storm water quality standards regulation;
(h) Environmental impact report. Environmental impact report, when applicable;
(i) Adjacent property owners. A list of all property owners, compiled by the applicant using the most recent Eagle County tax rolls, is required for all applications and shall be submitted to the Community Development Director as part of the application for 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; and
(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 60 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 subsection (E) of this section.
(E) Permit issuance/denial.
(1) The town shall have up to ten 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.
(2) 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 30 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 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) Storm water management plan. A storm water 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 storm water discharges associated with construction activities.
(G) Responsibility of permittee. 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 in compliance 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 public thoroughfares or any other nonauthorized off site 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) Storm water 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 storm water, 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) All 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 a nonerosive velocity.
(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 storm water and discharges of material other than storm water 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 storm water 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 C.F.R. § 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;
(l) Foundation drains;
(m) Air conditioning condensation;
(n) Water from crawl space pumps;
(o) Footing drains;
(p) Individual residential car washing;
(q) Dechlorinated swimming pool discharges; and
(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 state;
(18) All wastes composed of building materials must be removed from the site for disposal in licensed disposal facilities. No building material wastes or 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 storm water to the MS4 or waters of the state under their jurisdiction, including applicable requirements; and
(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 storm water 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 a timely manner, but in no case more than seven 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 noncompliance, 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 noncompliance, 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 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 subsections (I)(1)(a), (I)(1)(b) and (I)(1)(c) of this section.
(3) Winter conditions. Inspections, as described in subsection (I)(1)(a) and (I)(1)(b) of this section, 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 all 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% of predisturbance 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 preexisting 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 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 14 calendar days. All 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; and
(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 permittee shall furnish the town with such plans and specifications, which the town deems reasonably 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 storm water quality control measures shall be removed after work on the site has been completed and the measures are no longer needed. Should any property owner fail to adequately maintain the permanent storm water 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 property owner, in accordance with the procedure set forth in subsections (Q)(1), (Q)(2), (Q)(3) and (Q)(4) of this section, remedies for noncompliance.
(O) Transfer of permit. When the responsibility for storm water 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 storm water 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 under the 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 storm water quality permit and/or the requirements of this title, the town may issue a written noncompliance order to such person or permittee. The person or permittee shall submit a written compliance schedule to the Town Engineer within five 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 storm water 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 title, 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 all 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 title, 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 storm water 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 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 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 one-half acre in size unless required otherwise under subsection (B)(3) of this section. If ground water is encountered, the owner must contact the Town Engineer and obtain a ground water discharge permit;
(3) Sites smaller than one-half acre which are not part of a larger common plan of development or sale and which constitute an infill 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; and
(5) Even though permits are not required under subsections (V)(1), (V)(2), (V)(3) and (V)(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.
(Ord., 9-21-1999)