5-2-2: APPLICATIONS FOR DEVELOPMENT AND LAND DISTURBANCE:

   A.   A phase I environmental assessment is required as part of any real property related development or soil disturbance application submitted to the city under title 9, 10, 11, 13 or 14 of this code. If a phase I environmental study or other reliable information indicates the possible existence of contaminated soils, the developer or land disturber shall make "all appropriate inquiries", as required under the comprehensive environmental response, compensation and liability act (CERCLA). The results of all studies and tests shall be provided to the city and to the state department of environmental quality (UDEQ) as they become available. Based on the information provided to UDEQ, UDEQ will determine with the applicant whether the proposed development or soil disturbance will proceed as a contaminated soil stabilization project or as a voluntary cleanup project.

   B.   After considering the size, location and history of the real property to which the development or soil disturbance application relates, the city engineer may determine in his/her sole discretion to accept the application without a phase 1 environmental assessment. Except for good cause, as determined by the city engineer, a phase 1 environmental assessment will not be required for the following development applications:

      1.   Lot line adjustments;

      2.   Amended plats;

      3.   Minor subdivisions;

      4.   Condo conversions. (2001 Code § 42-1-102; amd. Ord. 13-17, 4-24-2013)