HomeMy WebLinkAboutOrdinance 2011-1503CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER REINHART
Council Bill No. 29
Ordinance No. 1 o;m
Series 2011
TITLE: AN ORDINANCE AMENDING CHAPTERS 5 AND 26 OF THE WHEAT
RIDGE CODE OF LAWS CONCERNING GENERAL CODE REVISIONS AND
CLARIFICATION RELATED TO BUILDINGS, DEVELOPMENT AND
IMPROVEMENTS AND REQUIRED SUBMISSION AND PERMITS FOR THE
SAME
WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality having
all powers conferred by Article XX of the Colorado Constitution and the City's home rule
charter ("Charter"); and
WHEREAS, pursuant to this power, the City Council has previously adopted
Chapters 5 and 26 of the City of Wheat Ridge Code of Laws ("Code") concerning
business licenses and taxes, respectively; and
WHEREAS, Chapter 5 controls buildings and building regulations in the City; and
WHEREAS, Chapter 26 controls zoning and development in the City; and
WHEREAS, the City Council finds it is in the best interest of the City to, from time
to time, update said Chapters to provide for greater ease of administration and to reflect
both the practical and new technology facing both the City and applicants for
development.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Chapter 5, Section 5-45 of the Code is hereby amended (with appropriate
re-numbering and re-lettering) as follows:
Sec. 5-45. Public improvements required.
(a) Applications for building permits shall be reviewed by the ae13artment DIRECTOR
of public works to determine whether the proposed construction will require the
installation or construction of public improvements including, but not limited to, street
paving, curbs, gutters, sidewalks, drainage facilities, or other public improvements as
may be required by THIS ordinance or the subdivision regulations.
(b) If it is determined by the ae13artment DIRECTOR of public works that any such
public improvements (INCLUDING, BUT NOT LIMITED TO, DRAINAGE, TRAFFIC,
STREET CONTINUITY, CURB, GUTTER AND SIDEWALK, RELOCATION OR
UNDERGROUNDING OF UTILITIES, STREET LIGHTING, OR ROADWAY
CONSTRUCTION) are necessitated by the proposed construction based upon the
specific adverse effects created by the proposed construction, including, but not limited
to, drainage, traffic, street continuity, curb, gutter and sidewalk, relocation or
undergrounding of utilities, street lighting, roadway construction), the deraartrnent
DIRECTOR of public works shall so inform the building official, and in such event a
condition shall be inserted in the building permit which shall require the construction of
such public improvement or public improvements by the property owner and the
dedication thereof to the city. All such improvements are to be constructed in full
compliance with the city's engineering division regulations, design standards and
construction specifications. The cost of any such improvements shall be borne by the
property owner, and the construction thereof shall be at the sole cost, risk and expense
of the property owner, subject to the provisions of any applicable city ordinance,
regulations or policies. Subject to the requirements of raaFa§rarah (e) selow THIS
SECTION, failure to construct any such required public improvements shall entitle the
city to withhold any certificate of occupancy.
(c) SIDEWALKS SHALL ONLY BE REQUIRED ON STREETS IDENTIFIED AS
PEDESTRIAN ROUTES IN THE CITY OF WHEAT RIDGE BICYCLE AND
PEDESTRIAN MASTER PLAN AND ON COLLECTOR AND ARTERIAL STREETS AS
IDENTIFIED IN THE CITY OF WHEAT RIDGE STREETSCAPE DESIGN MANUAL.
If it is deterrnined sy the deraartFAent of f3UBiic wori(S, after COnsideration of the faotoFS
Set forth selow that s~o~eh f31o!Biie iFl'lf3FOVernents rnay se J3laeed at a later date. An eserO'N
arno~o~nt eEiuallin§ one h~o~ndred (1 QQ) raercent of the estirnated east of the FOE!loliFed ra~o~slic
irnrarovernents shall se deraositea with the city. The cost estirnate will se rareraarea sy the
en§ineerin§ division, eased ~o~raon e~o~rrent construction eosts rarior to iss~o~ance of a
s~o~ilain§ raerrnit.
(1) The installation of e~o~rss, §~o~tters and sidewall(s ana relatea roaa>ovay
irnrarovernents rnay not se reEI~o~ired where less than half of the raroraerties on
the street eJEtenain§ five h~o~ndrea (5QQ) feet frorn the lot lines of the raroraerty
in E!lolestion, on 8oth sides of the frontin§ street, have in ellistenee e~o~rss,
§loltters ana sidewalks.
(d) THE INSTALLATION OF CURBS, GUTTERS AND SIDEWALKS AND RELATED
ROADWAY IMPROVEMENTS SHALL ONLY BE REQUIRED IF SUCH
IMPROVEMENTS ARE PRE-EXISTING ADJACENT TO ANY PROPERTY ON EITHER
SIDE OF THE STREET BLOCK ON WHICH THE PROPERTY IS LOCATED.
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(e) No curbs, gutters and sidewalks shall be required for a remodeling of an existing
building.
~Installation of curbs, gutters and sidewalks would be impractical or
economically unfeasible or not in the best interest of the city at the time of
issuance of the certificate of occupancy.
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(f) In no event shall installation of curbs, gutters or sidewalks be required if the cost
of installation of such curbs, gutters, sidewalks and other improvements exceeds ten
(1 0) percent of the cost of the building permit value. In this ease, an essrew in the
arneunt ef ten (1 Q) 13ercent ef the value ef the 13uilaing flerrnit shalll3e Eleflesitea with the
eity 13y the flFSflerty ewner flrier te issuance ef a 13lli1Eling 13errnit fer the irnflrevernents.
In aaaitien, the installation ef c~Jrl3s, glitters ana sidewalks shall neither 13e reqllirea ner
allewea Uflen any street Elesignatea as an e*eFRflt lesal street in the eity's
sernflrehensive fllan nor shall the Eleflartrnent reqllire an essrew fer flUBiis
iFRflrOVernents.
(e) In any sllsh event, a Eleveleflrnent agreement shalll3e si§nea 13y the ewner of the
flFOfleFty, flUFSllant to the slli3Elivisien re§IJiations of the sity, whish Eleveloflrnent
a§reernent shall rernaiR in fllll feFGe ana e#est fer ten (1 Q) years frern the Elate of
e*eslltien 13y the flFSflerty ewner, llnless seener releases ef reseral3y the sity.
(g)fst If it is determined by the Eleflartrnent DIRECTOR of public works, after
consideration of the factors set forth below that INSTALLATION OF such public
improvements WOULD BE IMPRACTICAL OR ECONOMICALLY UNFEASIBLE OR
NOT IN THE BEST INTEREST OF THE CITY AT THE TIME OF ISSUANCE OF THE
BUILDING PERMIT, THE ESTIMATED COST OF THE PUBLIC IMPROVEMENTS
SHALL BE PAID TO THE CITY AS CONDITION OF APPROVAL TO BE USED TO
CONSTRUCT PUBLIC IMPROVEMENTS IN AN AMOUNT AND LOCATION
ROUGHLY PROPORTIONAL TO THOSE IN LIEU OF WHICH THE PAYMENT IS
REQUIRED .. rnay 13e fllasea at a later Elate. /\n essrew arneunt eqllalin§ one hunarea
(1 QQ) J3ersent of the estirnatea sest ef the requires fllll31is irnflre•;ernents shalll3e
Eleflositea with the sity. The sest estirnate willl3e flFeflareal3y the en§ineerin§ division,
13aseEluflon surrent seRstrllstieR sosts flFier to issiJanse ef a BlliiElin§ J3errnit.
(h)(f) Any owner, contractor or developer who is aggrieved by a decision of the
Eleflartrnent DIRECTOR of public works requiring installation of such public
improvements or essrewin§ PAYMENT of funds in lieu of construction shall have the
right to appeal the Ele13artrnent's DIRECTOR'S determination to the board of adjustment
pursuant to section 2-61 of the city's Code of Laws.
Section 2. Chapter 26, Section 26-111, Subsection D.1.m of the Code is hereby
amended as follows:
m. In addition to the information included on the site plan document, the following
supportive information may be required IN HARD COPY, IN ELECTRONIC FILE
FORMAT, OR BOTH:
(1) FINAL Drainage REPORT AND Pf}lan;
(2) Elevations and perspective drawings;
(3) Traffic !impact Rreport;~
(4) CIVIL CONSTRUCTION PLANS;
(5) STORMWATER MANAGEMENT PLAN (SWMP);
. 3.
(6) STORMWATER OPERATIONS & MAINTENANCE MANUAL (0 & M
MANUAL).
Section 3. Chapter 26, Section 26-308, Subsection C.2.p of the Code and
Subsection D.2.a are hereby amended as follows:
p. METES AND BOUNDS !:Legal description (R1etes and 13mmds) OF THE TOTAL
SITE INCLUDING AREA IN SQUARE FEET, WITH SECTION TIES ON THE
CURRENT CITY DATUM, IN CONFORMANCE WITH CITY GEODETIC
SURVEYING REQUIREMENTS. of total site, inol~o~din@ area.
a. METES AND BOUNDS Lkegal description WITH SECTION TIES ON THE
CURRENT CITY DATUM, IN CONFORMANCE WITH CITY GEODETIC
SURVEYING REQUIREMENTS, of the entire planned development, and if the
final development plan is for only a portion of the site, a legal description of that
portion of the site included within the final development plan.
Section 4. Chapter 26, Section 26-403 of the Code is hereby amended as follows:
City datum: Those three-dimensional coordinate values established during the elty
R10AUR1entation !JFO€JFaR1 STATE PLANE COORDINATE CONVERSION PROGRAM for
all quarter corners, and SECTION CORNERS, AND PERMANENT HIGH ACCURACY
CONTROL (PHAC) POINTS within and adjacent to the City of Wheat Ridge.
GEODETIC SURVEYING: "GEODETIC SURVEYING" MEANS THE PERFORMANCE
OF SURVEYS IN WHICH MEASURE OR ACCOUNT IS TAKEN OF THE SHAPE,
SIZE, AND GRAVITATIONAL FORCES OF THE EARTH TO DETERMINE OR PRE-
DETERMINE THE HORIZONTAL OR VERTICAL POSITIONS OF POINTS,
MONUMENTS, OR STATIONS FOR USE IN THE PRACTICE OF PROFESSIONAL
LAND SURVEYING OR FOR STATING THE GEODETIC POSITION OF CONTROL
POINTS, MONUMENTS, OR STATIONS BY USING A COORDINATE SYSTEM OR
DERIVATIVE THEREOF RECOGNIZED BY THE NATIONAL GEODETIC SURVEY.
PHAC POINTS: PERMANENT HIGH ACCURACY CONTROL POINTS
ESTABLISHED DURING THE CITY OF WHEAT RIDGE STATE PLANE COORDINATE
CONVERSION PROGRAM BY AND FOR USE IN GLOBAL POSITIONING SURVEYS.
Section 5. Chapter 26, Section 26-407, Subsection C.1 is hereby amended as
follows:
1. Maps of the subdivision plat shall be drawn at not less than a scale of one (1)
inch equals one hundred (100) feet with the use of black, waterproof drawing ink and
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the outer dimensions of the map shall be twenty-four (24) inches by thirty-six (36)
inches with a margin of at least two (2) INCHES to be reserved along the narrow left
side of each drawing, A MARGIN OF AT LEAST ONE (1) INCH ALONG THE TOP
MARGIN, and a margin of at least one-half ('h) inch shall lle reseF\•ed around the
balance of the drawing.
Section 6. Chapter 26, Section 26-407, Subsections D.2, D.6, D.8 and D.9 of the
Code are hereby amended as follows; further, new Subsections D.17 and 18 are added:
2. Accurate dimensions for all lines, angles, and curves used to describe
boundaries, streets, alleys, easements, areas to be reserved for public use, and other
important features. All curves shall be circular arcs and shall be defined by at least three
(3) of the following: the radius, central angle, tangent, ARC LENGTH, CHORD
LENGTH, AND CHORD BEARING. All dimensions, both linear and angular, are to be
determined by an accurate control survey in the field which must balance and close
within a limit of at least one (1) in fifty thousand (50,000). No final plat showing plus or
minus dimensions will be approved.
6. Total acreage and a surveyed METES AND BOUNDS legal description of the
area, with SECTION ties to two (2) section corners IN CONFORMANCE WITH CITY
GEODETIC SURVEYING REQUIREMENTS. Coordinates for all section corners, and,
QUARTER-SECTION CORNERS, AND PHAC POINTS used will SHALL be consistent
with the CURRENT City of Wheat Ridge Datum and are available frorn the public works
department.
8. MONUMENTS:
i.A description of all monuments THAT MARK THE BOUNDARIES OF THE
PROPERTY, both found and set, and a description of all control monuments
used in conducting the survey.
ii.RIGHT-OF-WAY SURVEY MONUMENTS SHALL BE ESTABLISHED PER CITY
OF WHEAT RIDGE STANDARD SPECIFICATIONS FOR ALL NEW
ROADWAYS OR RELOCATION OF EXISTING ROADWAYS, AT ALL NEW
ROAD RIGHT-OF-WAY CENTERLINE INTERSECTIONS, CENTER OF
RADIUS FOR CUL-DE-SACS, AND AT THE END OF THE CENTERLINE FOR
DEAD END STREETS. RIGHT-OF-WAY SURVEY MONUMENTS MAY ALSO
BE REQUIRED AT ROADWAY CENTERLINE POINTS OF CURVATURE,
POINTS OF REVERSE OR COMPOUND CURVATURE, AND POINTS OF
TANGENCY, AS DETERMINED BY THE DEPARTMENT OF PUBLIC WORKS.
iii.Coordinates for all control monuments used will SHALL be consistent with the
CURRENT City of Wheat Ridge datum.
9. A statement by the lana suF\•eyor A COLORADO LICENSED PROFESSIONAL
LAND SURVEYOR that the survey was performed by him or under his direct
responsibility, supervision, and checking, and in accordance with all CITY OF WHEAT
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RIDGE REQUIREMENTS AND applicable Colorado Statutes, current revised edition, as
amended. THE PROFESSIONAL LAND SURVEYOR SHALL PROVIDE A
STATEMENT OF ACCURACY WHICH CERTIFIES THE ACCURACY AND
CONFORMANCE OF THE FINAL PLAT DOCUMENT TO ALL APPLICABLE STATE
LAWS AND REQUIREMENTS SET FORTH HEREIN.
17. ALL ITEMS ON THE CITY OF WHEAT RIDGE GEODETIC SURVEYING
REQUIREMENTS FOR FINAL PLATS SHALL BE ADHERED TO AND PROVIDED ON
THE PLAT.
18. THE PURPOSE, WIDTH, LENGTH, AND LOCATION OF ALL EASEMENTS
AND ALL ABUTIING EASEMENTS SHALL BE CLEARLY LABELED AND
IDENTIFIED. IF ANY EASEMENT ALREADY OF RECORD CANNOT BE DEFINITELY
LOCATED, A STATEMENT OF ITS EXISTENCE AND ITS RECORDED REFERENCE
SHALL APPEAR ON THE PLAT TITLE SHEET.
Section 7. Chapter 26, Section 26-407, Subsections E.3 and E.13 of the Code are
hereby amended as follows; further, new Subsections E.18 and 19 are added:
3. Complete engineering plans and specifications SHALL BE SUBMITIED IN
HARDCOPY AND MAY BE REQUIRED IN AN ELECTRONIC FILE FORMAT
ACCEPTABLE TO THE CITY for all public facilities to be installed, i.e., water and sewer
utilities, traffic control devices, traffic calming features, streets, street lights, street signs
and related public improvements, bridges, and storm drainage, including design
analysis when required.
13. A computer readable drawing OF THE FINAL PLAT SHALL BE SUBMITIED
may lae reElllireel te lac sylamitteel on a floppy elisl( CD-ROM, DVD-ROM, OR OTHER
ELECTRONIC FILE FORMAT ACCEPTABLE TO THE CITY. The information shall be
ON THE CURRENT CITY OF WHEAT RIDGE DATUM IN CONFORMANCE WITH
CITY GEODETIC SURVEYING REQUIREMENT STANDARDS AS ESTABLISHED BY
THE PUBLIC WORKS DEPARTMENT, be compatible with the current Autocad release
CITY MAPPING SOFTWARE AND LAYERING STANDARDS, and include, but not
limited to, SECTION TIES, ties to a minimum of two (2) section (land) corners,
CONTROL MONUMENTS, exterior boundaries, interior lot lines, easements, rights-of-
way (existing and proposed), all to include bearings and distances.
18. A CLOSURE REPORT FROM THE PROFESSIONAL LAND SURVEYOR
CONTAINING THE CLOSURE CALCULATIONS AND ERROR OF CLOSURE WITH
AREA (ROUNDED TO THE NEAREST SQUARE FOOT) FOR THE SUBDIVISION
BOUNDARY.
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19. A COPY OF THE CITY GEODETIC SURVEYING REQUIREMENTS
CHECKLIST, COMPLETED AND INITIALED BY THE PROFESSIONAL LAND
SURVEYOR CERTIFYING THE PLAT.
Section 8. Chapter 26, Section 26-412, Subsection C.1.b of the Code is hereby
amended as follows:
b. Concrete curbs, gutters, and sidewalks.
(1) CURBS, GUTTERS AND SIDEWALKS SHALL BE PROVIDED FOR ALL
SUBDIVISIONS THAT REQUIRE NEW STREETS.
(2) SUBDIVISIONS OF PROPERTY LOCATED ADJACENT TO EXISTING
STREETS WILL REQUIRE CONSTRUCTION OF CURBS, GUTTERS AND
SIDEWALKS IF THE EXISTING STREETS ARE DESIGNATED AS
PEDESTRIAN OR TRAIL ROUTES IN THE CITY OF WHEAT RIDGE
BICYCLE AND PEDESTRIAN MASTER PLAN OR ARE COLLECTOR OR
ARTERIAL STREETS AS IDENTIFIED IN THE CITY OF WHEAT RIDGE
STREETSCAPE DESIGN MANUAL.
Section 9. Chapter 26, Section 26-412, Subsection H of the Code is hereby amended
as follows:
1. In conjunction with the required drainage certification, the owner will furnish the
city, free of charge, A HARDCOPY, SIGNED AND SEALED BY THE ENGINEER
OF RECORD, OF THE drawings and specifications, including supplemental
drawings, relating to improvements, showing them in their as-built locations ON
THE CURRENT CITY OF WHEAT RIDGE DATUM.
2. The as-built's shall be prepared and certified by a registered professional
engineer in accordance with the requirements of Wheat Ridge and prior to the
city's issuance of the first certificate of occupancy in the subdivision.
3. AN ELECTRONIC FILE CONTAINING THE AS-BUILTS SHALL ACCOMPANY
THE SIGNED AND SEALED HARDCOPY, AND BE FURNISHED IN A FORMAT
COMPATIBLE WITH THE CITY MAPPING SOFTWARE AND LAYERING
STANDARDS ON CD-ROM, DVD-ROM, OR OTHER ELECTRONIC MEDIA
ACCEPTABLE TO THE CITY.
Section 10. Chapter 26, Section 26-413, Subsection B of the Code is hereby amended
as follows:
1. The ~"'alie warks ae~artrnent COMMUNITY DEVELOPMENT DEPARTMENT
and the subdivider shall prepare an agreement in substantially the form of
Appendix B [on file in the office of the city clerk], which details the obligations of
the city and the subdivider, the estimated costs of public improvements to the
property and the amount of letter of credit to be supplied by the subdivider.
Section 11. Chapter 26, Section 26-623 of the Code is hereby amended (and re-
lettered) as follows:
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A. Generally. FOR OPERATIONS WHEREBY A BUILDING PERMIT IS NOT
REQUIRED PURSUANT TO THE UNIFORM CODES ADOPTED BY THE
CITY AND CONTAINED IN CHAPTER 5 OF THIS CODE, NNo deposit,
GRADING, and/or extractive operation DISTURBING AN AREA OF ONE (1)
ACRE OR MORE SHALL BE PERMITIED IN ANY DISTRICT EXCEPT IN
THE MANNER PRESCRIBED HEREIN. WHERE DISTURBED AREAS ARE
LESS THAN ONE (1) ACRE AND SUCH OPERATION IS A PART OF A
LARGER COMMON PLAN OF DEVELOPMENT LARGER THAN ONE (1)
ACRE IN SIZE, NO DEPOSIT, GRADING, AND/OR EXTRACTION
OPERATION shall be permitted in any district except in the manner prescribed
herein. It is the intent and purpose of this section to establish reasonable
uniform limitations, safeguards and controls in the City of Wheat Ridge for the
conservation and wise utilization of property through deposit, GRADING, and/or
extraction of soil, sand, gravel, rock, minerals, CONCRETE OR ASPHALT
PAVEMENT, and other similar resources MATERIALS. However, a primary
intent and purpose is to protect surrounding properties from adverse impacts,
including, but not limited to, drainage problems, soil erosion, traffic problems,
changes in ground elevation relative to adjacent properties, etc., which may be
created by such operations. All fees shall be in accordance with those fees
established by the Uniform Building Code. ALL OPERATIONS SHALL
COMPLY WITH ALL PROVISIONS IN CHAPTER 20 OF THIS CODE
(STORMWATER QUALITY AND CONTROL), AND AAny fill operation which is .
proposed for a parcel located within a 1 00-year floodplain shall additionally
comply with the Floodplain Zoning Ordinance, article VIII of this chapter.
B. MiRor e!ffiBVaf!oR aREI fiJI {3erm!ts.
1. ORe to fifty (5()} eul>ie }<ar€15. No fJermit is reEluireEI fer ElumfJiA§ or
excavation of materials 'Nhioh Elees net exceeEI fifty (§Q} cubic yarEis,
flFOviEieEI, however, that any fill elef)ositeel is on natural terrain ef less
than three (d) to one (1 }, or suoh fill is less than three (d) feet in Elef)th
anEI is not intenEieEI te SUflflOrt f)ermanent structures, anEI such fill or
excavation Elees not obstruct or otheFWise aEiversely affect any
Elraina§eway. ShouiEI any of the above stanEiarEis be exceeEieEI or a
Elraina§eway be affecteEI, a f)Ormit as reEluireEI in subsection 19.2., boleY.',
shall be reEluireEI.
2. Fifty oRe (51) to fi•,ce Rl:lREireEI (§QIJ) el:leie yarEfs. Dumf)iA§ or exoavation
of earth materials not exoeeelin§ five hunEireEI (§QQ} oubio yarEis may be
alloweEI with a fJermit af)f)FeveEI by the oity en§ineer. 1\flfllication shall be
maEie to the flUblio worl~s eleflartment on the afJflFOflFiate form anel shall
be aooomflanieEI by the aflflFOflFiate fee. A sl~etoh f)lan inEiioatin§ the
followin§ information shall also be submitteEI:
a. LeoatioR aREI ElimeRsioRs of all flFOf)erty bouREiaries aREI struotures
oR the site.
b. Location anEI eJHent of areas to be filleEI or eJ<cavateEI.
o. LooatioR of eJEistiRg aREI flFOflOSeEI ElraiRagO\vays, irri§atioA Elitohes,
etc., ana inEiication of how anEI where historio runoff will be
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maintained on site.
a. Cross seetion of area to ee filled or eKcavated, inaicating original
slope, new slope and depth of fill.
e. Statement ·.vhich indicates the propose<:! use or purpose for said fill
or eKcavation.
3. Fi•~e RliREiree oRe (501) to PlleRf]' tRe/JSaREi (20, ()()(}) ctJhie yards.
Operations in which earth material fill or eJmavation eKceeds five
hundred (5QQ) CUSiC yards aut does not eKceed t>uenty thO\,!Sana
(2Q,QQQ) CUBiC yaras may ee aiiOVIed lly a permit iSS \,led ey the city
engineer after reviewing an application and s1,1pporting information
sullmitted to the p~,~elic wori{S department. The following information shall
ee suemitted with the required application form:
Site plan, prepare<:! lly a registered professional engineer, at a
scale of no less than one (1) inch to twenty (2Q) feet, which illustrates the
follo•.ving:
a. Location ana aimensiens of all property eoundaries and str"'etures
en the site.
e. Location ana eKtent of areas to lle filled or eKcavatea.
c. Location of eKisting waterways and drainage comses indicatin§ any
chan§e. (Fer any site contain in§ an estalllished irrigation ditch, a
letter of approval from the approl'lriate ditch company or a§ency is
required.)
d. Location of eKistin§ and proposed points of in§resste§ress.
e. Location and eKtent of eKistin§ ve§etation, proposed chan§es in
such ve§etation and incluain§ methods to rehallilitate the
ve§etation after fill in§.
f. A complete draina§e ana §Faain§ plan and report, if req"'ired, at the
discretion of the city en§ineer.
§. Plans for wind and water erosion control durin§ operations, ana
plans for rehallilitation and stallili;wtion 1,1pon completion.
4. ,QeFformaRee staReaFfls. The followin§ provisions shall apply to all minor
eKcavation and fill permits:
a. Rehab#itatloR. VVithin thirty (3Q) days after the cessation of fillin§ or
eKcavation, rehallilitation of the site shall have lleen completed in
accordance •Nith the approved plans. Rel:laeilitation shall consist of
acceptaele levelin§, §raain§, landscapin§ or any comllination
tl:lereof to minimize potential erosion.
ll. Debris. Dellris and/or contaminants shall not lle "'sed eKcept wl:len
endorsed lly tl:le city en§ineer. For the purpose of this section, ti=le
term "deeris" shall J:\ave the same mean in§ as the terms "§area§e,"
"trash" or "junl(," as defined in ti=le VVI=Ieat Ri<:l§e Coae of Lav.'€,
section 2Q 24.
5. Umit oR permits. In no event sl:lall a sin§le pref1erty reoeive aoo"'m"'lative
fJermits in eKoess of twenty ti=le"'sand (20,000) oullic yaras witi=lin any
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oonseoHtive t\•,<elve month 13eriod, exoe13t as flFOvided HAder 13aragra13h
C., eelow.
C. Major lanflfill ana e11oav-atien eentrol Of3er:atiens: QHmfling, landfill and/or
extraction Oflerations whish exceed t\venty thoHsand (2Q,QQQ) oHeio yards may
ee allowed in any zone distriot only ey Sfleoial Hse 13ermit Hnder section 26 114.
SHoh deflosit or extraction of earth, sand, gravel, rook, minerals, BFOI<en
concrete or erol(en as13halt or other similar resomoes, and/or storage thereof,
are sH9jeot to the followin€J conditions. (In oases of isolation or HAHsHal
characteristics of the Ofleration or the location thereof, 13artial waiver of these
reqHirements may ee made.) A Sfleoial Hse 13ermit may ee issHed for a 13eriod of
time not to exceed one (1) year and may ee renewed HflOA written reqHest:
GRADING PERMITS. DUMPING, LANDFILL, GRADING, AND/OR
EXTRACTION OPERATIONS WHICH DISTURB AN AREA OF ONE (1) ACRE
OR MORE IN SIZE MAY BE ALLOWED BY A PERMIT ISSUED BY THE
ENGINEERING MANAGER AFTER REVIEWING AN APPLICATION AND
SUPPORTING INFORMATION SUBMITTED TO THE PUBLIC WORKS
DEPARTMENT. SUCH DEPOSIT OR EXTRACTION OF EARTH, SAND,
GRAVEL, ROCK, MINERALS, CONCRETE OR ASPHALT PAVEMENT, OR
OTHER SIMILAR MATERIALS, AND/OR STORAGE THEREOF, ARE
SUBJECT TO THE FOLLOWING CONDITIONS. A GRADING PERMIT MAY
BE ISSUED FOR A PERIOD OF TIME NOT TO EXCEED ONE (1) YEAR AND
MAY BE RENEWED UPON WRITTEN REQUEST:
1. Application. An application for SfleGial Hse GRADING permit shall be
submitted to the oommHnity development PUBLIC WORKS department
and shall be accompanied by the appropriate fee and by engineered
plans and drawings which illustrate the following minimum information:
a. Certified survey of the site SHOWING EXISTING EASEMENTS
AND RIGHT-OF-WAY with A corresponding metes and bounds
legal description FOR THE BOUNDARY ON THE CURRENT CITY
DATUM.
b. Name and address of property owner(s) and lessee(s), both within
the site and adjacent to the site's perimeter.
c. Location and extant of areas to ee filled and/or exoa·~ated A
GRADING AND EROSION CONTROL PLAN SHOWING THE
LOCATION AND EXTENT OF AREAS TO BE FILLED AND/OR
EXCAVATED, EXISTING & PROPOSED CONTOUR LINES
USING ELEVATIONS CONSISTENT WITH THE CURRENT CITY
DATUM DRAWN AT A SCALE ACCEPTABLE TO THE
ENGINEERING MANAGER, AND ANY EROSION CONTROL
ITEMS REQUIRED PER THE STORMWATER MANAGEMENT
PLAN.
d. A STORMWATER MANAGEMENT PLAN DEFINING BOTH
CONSTRUCTION AND POST-CONSTRUCTION BEST
MANAGEMENT PRACTICES (BMP'S).
e. Qrainage 13lan and report, which identifies existing waterways and
drainage coHrses, indicating any changes, existing grades and
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prepasee finisRee graees, ana metRae of maintaining Risterio
eraina§e from the site, ana methaes fer oentrellin§ erosion from
laetR wine ana water au ring operations ana upon oampletien
DRAINAGE REPORT AND PLAN IN CONFORMANCE WITH THE
CITY'S SITE DRAINAGE REQUIREMENTS.
f. Location of existing and proposed points of ingress/egress.
g. Location of residences, structures, AND utilities ana reae·,yays
within one EjUaFI:er (1:) mile aistanoe of LYING INSIDE THE SITE in
question AND WITHIN A FIFTY (50) FOOT PERIMETER
ADJACENT TO THE SITE.
h. Looatien ana type or perimeter fen sin§ NAME, LOCATION, AND
SURFACING OF ALL ROADWAYS BOTH WITHIN AND
ADJACENT TO THE SITE TO BE USED FOR HAULAGE.
i. Looatien ana surfacing of all reaas laeth within ana a<:ljacent to the
site to be usee fer haula§e SCHEDULE OF OPERATIONS,
INCLUDING COMPLETION DATE.
j. Location ana charaoter of proposes li§htin§ en the site COPIES OF
ANY PERMITS ISSUED BY THE STATE OF COLORADO
REQUIRED FOR THE OPERATION.
k. Schea~oJie of operations, in slue in§ oampletion aate. COPIES OF
ALL MATERIALS REQUIRED TO BE SUBMITTED TO THE
STATE OF COLORADO OR THE U.S. GOVERNMENT, WHERE
SUCH AGENCIES ARE INVOLVED IN PERMIT REVIEWS
AND/OR APPROVALS AS A REFERRAL, PERMITTING OR
FUNDING AGENCY.
I. Copies of all materials FOEjuirea to lae s~oJiamittea to the State of
Celeraao or tRe U.S. Government, where sueR agenoies are
involves in permit reviews ana/or approvals.
2. Performance standards.
a. Seteaek. Subjeot to maintaining a thirty feet setbaok from all
prepeFI:y lines. Roads. Subject to operators maintaining all haulage
roads used in connection with this operation, under their control or
ownership, as much as possible in a dust-free condition. Such
haulage roads shall not be established along existing residential
streets except as may be provided by a special permit. This shall
not preclude collector or major streets from being used for this
purpose.
b. EROSION CONTROL. EROSION CONTROL PROVISIONS
UTILIZED DURING OPERATIONS SHALL ADHERE TO THE
BMP'S IDENTIFIED IN THE STORMWATER MANAGEMENT
PLAN.
c. FeRoiR§I. The property oentainin§ the eJEtraotive operation shall lao
enolosea lay a V mesh, oyoloRe, chainlink, or other similar type
metal tense •nitA a minimum height of seventy two (72) inohes.
Three (3) stranas of barbea wire shall be plaoed above the metal
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fencin§ ana cantos to a ferty five ae§ree an§le to tl:le oHtsiae. At
stoJcl:\ tiA'Ie as tl:le site !:las been rel:labilitatea in conferA'Iance wit!:\
tl:le reqHireA'Ients as containea 1:\erein, tl:le fencin§ A'lay be reA'Iovea
Drainage. DEBRIS AND/OR CONTAMINANTS SHALL NOT BE
ACCUMULATED OR DISCHARGED BEYOND THE PROPERTY
LINE BY ANY MEANS OF TRANSPORTATION INCLUDING THAT
OF NATURAL DRAINAGE. THE OPERATION SHALL BE
CONDUCTED SO THAT THE EXCAVATED AREA WILL NOT
PERMIT WATER OF A STAGNATED NATURE TO COLLECT OR
REMAIN.
d. Erosion eontrol. Pro\•isions fer oontrol of win a ana •Naler erosion
atoJrin§ OIJerations sl:\all be A'laae ana followea. 'Nina blown
A'laterials or seaiA'Ient loaas sl:lall not eo allowea to escaiJO tl:le site
SITE STABILIZATION. ALL GRADING PERMITS SHALL
CONTAIN PROVISIONS TO STABILIZE THE SITE AS NEAR OR
CLOSELY AS IS PRACTICABLE TO ITS PRIOR NATURAL
STATE OR CONDITION OR IN SUCH STATE OR CONDITION AS
THE ENGINEERING MANAGER MAY APPROVE. METHODS OF
SITE STABILIZATION SHALL ADHERE TO ALL BMP'S PER THE
APPROVED STORMWATER MANAGEMENT.
e. DFainage. Debris anator contaA'Iinants shall not be acctoJA'ItoJiatea
or aiscl:lar§ea beyona tl:le flroflerty line by any A'leans of
transflortation inoiHain§ tl:lat of natHral araina§e. The Ofloration sl:\all
be oonaHctea so tl:lat the excavates area will not flerA'Iit water of a
sta§natea natHre to oolleot or reA'Iain.
f. Ughtil'lfl. ,A.II exterior li§hting shall eo in COA'Ifllianoe wit!:\ section 26
Wd
§. Rol=laeiHtation. All SflecialflerA'Iits shall contain flFOvisions for
rel:labilitation of the j:lrOIJOFty as near or closely as is 13raoticable to
its 13rior na!Hral state or oonaition or in sHah slate or oonaition as
tl:\e city ooHnoil A'lay aj31Jrove. Rehabilitation of the site shall inciHae
rej:llaceA'Ient of toflsoil wl:\ich is sj:lreaa evenly o\•er tl:le rehabilitates
site to a Ele13th COA'Iflarable to tl:lat of a8joinin§ areas. Proflerty not
HltiA'Iately HSe8 for lal~o j:lHrj:lOSeS or strHGtHFOS, eta., sl:\all be
13lante8 with trees, sl:lrHbs, grasses or siA'Iilar groHnaoover to
j:lFOCIHEle erosion of the soil by either wind or 'Hater.
3. Bond. To insure rehabilitation of the site as prescribed in subsection g.,
above, there shall be required at the time the original permit is issued a
performance bond naming the city council of the City of Wheat Ridge as
obligee in an amount and type to be determined by the city engineer,
based on and with consideration for the magnitude of the excavation
activities and rehabilitation requirements. In no instance shall the amount
of the bond be less than five TWENTY thousand dollars
($5,000.00$20,000.00).
4. Insurance. Every operator, before commencing operations, shall be
insured to the extent of two hundred fifty thousand dollars ($250,000.00)
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per person, one million dollars ($1 ,000,000.00) per occurrence against
liability arising from production, activities or operations incidental thereto
conducted or carried on under or by virtue of any law, resolution or
condition imposed by these regulations, and such insurance shall be
kept in full force and effect during the period of such operations,
including site rehabilitation. A certificate indicating protection by such
insurance shall be filed with the application for special permit.
5. Equipment. All equipment used shall be maintained and operated
utilizing standard items, such as mufflers, filters, etc., as much as
possible to eliminate noise, vibration, dust, etc., which are injurious or
substantially annoying to persons living in the vicinity.
6. Hours of operation. All activities shall operate from 7:00a.m. to 5:00
p.m. Operations shall not be permitted on Saturdays, Sundays or
holidays, UNLESS OTHERWISE APPROVED BY THE ENGINEERING
MANAGER.
7. Ti:le eity SJ3eeifieally FeSeF\Ies ti:le rigi:lt to aJ3prove, a13prove witi:l
eonaitions, or aeny SJ3ecialllse 13errnits for major lanafill ana excavation
control OJ3erations eases llJ30n evalllation of ti:le proposal Felative to ti:le
criteria for Fevimv set forti:l in section 26 114
Section 12. Severability, Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 13. Effective Date. This Ordinance shall take effect fifteen (15) days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 26th day of September, 2011, ordered it published with Public Hearing and
consideration on final passage set for October 10, 2011 at 7:00p.m., in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado and that it takes effect 15
days after final publication ..
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of~ to~. this lOth day of October , 2011.
,2. 011.~
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AITEST:
~d#L€--{p?J71'U, ~u:ft
Michael Snow, City Cler
First Publication: September 29, 2011
Second Publication: october 13, 2011
Wheat Ridge Transcript
Effective Date: October 28, 2011
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