HomeMy WebLinkAboutOrdinance-1982-0515INTRODUCED BY COU14CILMEMBER ORE
ORDINANCE NO. 515
Series of 1982
TITLE: AN ORDINANCE REPEALING SECTION 24 OF APPENDIX A AND
REENACTING SAID SECTION 24, EXCAVATION AND DEPOSIT
CONTROL, OF THE CODE OF LAWS OF THE CITY OF WHEAT
RIDGE, COLORADO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Section 24 of Appendix A of the Code of Laws of the
City of Wheat Ridge, Colorado, is hereby amended by repealing
Section 24 in its entirety.
Section 2. The Code of Laws of the City of Wheat Ridge,
Colorado, is hereby amended by adding the following Section:
SECTION 24. Excavation and Deposit Control.
A. Generally. No deposit and/or extractive 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 and/or extraction of sand, gravel, rock,
earth, minerals and other similar resources.
All permits, except as otherwise provided herein, shall be
applied for through the Community Development Department. An
approved permit is effective for one (1) year from the date of
approval and may be renewed. All fees shall be in accordance
with those fees established by the Uniform Building Code.
B. Minor Excavation and Fill Permits.
1. 1-50 Cubic Yards: No permit is required for dumping or
excavation of earth materials, which do not exceed 50 cubic
yards, provided however that any fill deposited is on natural
terrain of less than three (3) to one (1), or such fill is
less than three (3) feet in depth and is not intended to
support permanent structures, and in addition such fill or
excavation does not obstruct or otherwise adversely affect
any drainageway. Should any of the above standards be
exceeded, or a drainageway be affected, a permit as required
in sub part B-2 below shall be required.
2. 51-500 Cubic Yards: Dumping or excavation of earth
materials not exceeding 500 cubic yards, may be allowed with
a permit approved by the City Engineer? Appli~~~i48 shall 00
made 8A th8 2~p~b~ i~Le Form and be accompanied by the
appropriate fee. A sketch plan indicating the following
information shall also be submitted.
a. Location and dimensions of all property boundaries
and structures on the site.
b. Location and extent of areas to be filled or
excavated.
8. Lbbation of existing and proposed drainageways,
irrigation ditches, etc., and indication of how and where
historic runoff will be maintained on site.
d. Cross-section of area to be filled or excavated
indicating original slope, new slope and depth of fill.
e. Statement which indicates the proposed use or purpose
for said fill or excavation.
3• 501-20,000 Cubic Yards: Operations in which earth
material fill or excavation exceeds 500 cubic yards but does
not exceed 20,000 cubic yards shall be allowed by a permit
issued by the City Engineer after reviewing an application
and supporting information. The following information shall
be submitted with the required application form:
a. A site plan, prepared by a registered professional
engineer, at a scale of no less than one (1) inch to
twenty (20) feet (111:201) which illustrates the
following:
(1) Location and dimensions of all property
boundaries and structures on the site.
(2) Location and extent of areas to be filled or
excavated.
(3) Location of existing waterways and drainage
courses indicating any change. (For any site
containing an established irrigation ditch, a letter
of approval from the appropriate ditch company or
agency is required.)
(4) Location of existing and proposed points of
ingress/egress.
(5) Location and extent of existing vegetation,
proposed changes in such vegetation and including
methods to rehabilitate the vegetation after filling.
4. Performance Standards: The following provisions shall
apply to all Minor Excavation and Fill Permits:
a. Rehabilitation. Within thirty (30) days after the
cessation of filling or excavation, rehabilitation of the
site shall have been completed in accordance with the
approved plans. Rehabilitation shall consist of
acceptable leveling, grading, landscaping, or any
combination thereof to minimize potential erosion.
b. Debris. Debris and/or contaminants shall not be used
except when endorsed by the City Engineer. For the
purpose of this Section, the term debris shall have the
same meaning as the terms garbage, trash or junk as
defined in the Wheat Ridge Code of Laws, Section 14-34.
C. Maior Landfill and Excavation Control Permits.
Dumping, landfill, and/or extraction operations which exceed
20,000 cubic yards shall be allowed only by special permit
requiring public hearings at Planning Commission and City Council
following hearing and notification requirements as established
for rezoning matters. Such deposit or extraction of earth, sand,
gravel, rock, minerals, or other similar resources, and/or
storage thereof, are subject to the following conditions. (In
cases of isolation or unusual characteristics of the operation or
the location thereof, partial waiver of these requirements may be
made by City Council.) A special permit shall be issued for a
period of time not to exceed one (1) year and may be renewed by
City Council.
1. Application procedures. An application shall be made to
the Community Development 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 site with corresponding metes and
bounds legal description.
b. Name and address of property owner(s) and lessee(s)
both within the site and adjacent to the sites
perimeter.
C. Location and extent of areas to be filled and/or
excavated.
d. Drainage Plan which identifies existing waterways and
drainage courses indicating any changes, existing grades
and proposed finish grades, and method of maintaining
historic drainage from the site.
e. Location of existing and proposed points of
ingress/egress.
f. Location and extent of existing vegetation, and
proposed changes in vegetation including methods to
rehabilitate the vegetation upon completion.
g. Location of residences, structures, utilities and
roadways within 1/4 mile distance of site in question.
h. Location and type or perimeter fencing.
i. Location and surfacing of all roads both within and
adjacent to the site to be used for haulage.
j. Location and character of proposed lighting on the
site.
k. Schedule of operations, including completion date.
ORDINANCE NO. Page 3
2. Performance Standards:
a. Setback. Subject to maintaining a thirty (30) foot
setback from all property lines.
b. Roads. Subject to operator(s) 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 special permit. This shall not
preclude collector or major streets from being used for
this purpose.
C. Fencing. The property containing the extractive
operation shall be enclosed by a V-mesh, cyclone, chain
link, or other similar type metal fence, with a minimum
height of seventy-two (72) inches. Three (3) strands of
barbed wire shall be placed above the metal fencing and
canted to a 45 degree angle to the outside. At such time
as the site has been rehabilitated in conformance with
the requirements as contained herein, the fencing may be
removed.
d. Overburden. The overburden shall be stockpiled
either in windrows, or concentrated piles, and shall be
stabilized in an acceptable manner so as not to become a
source of blowing dust or dirt.
e. 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.
f. Lighting. Glare, whether direct or indirect, shall
not be visible at any property line.
g. Rehabilitation. All special permits shall contain
provisions for rehabilitation of the property as near or
closely as is practicable to its prior natural state or
condition or in such state or condition as the City
Council may approve. Rehabilitation of the site shall
include replacement of top soil which is spread evenly
over the rehabilitated site to a depth comparable to that
of adjoining areas. Property not ultimately used for
lake purposes or structures etc. shall be planted with
trees, shrubs, grasses or similar ground cover to
preclude erosion of the soil by either wind or water.
3. Bond. To insure rehabilitation of the site as prescribed
in subparagraph "g" 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 $5,000.
4. Insurance. Every operator before commencing operations
shall be insured to the extent of $200,000.00 per person,
$500,000.00 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.
b. Hours of operation. All activates shall operate from
7:00 a.m. to 5:00 p.m. Operations shall not be permitted on
Saturdays, Sundays, or holidays.
D. Penalty Fine Injunction, Double Fee.
Any individual person, corporation, partnership, firm, or
other entity of whatever description violating any provision
of this Section 24 of Appendix A shall be guilty of a
misdemeanor and upon conviction thereof shall be subject to a
fine not to exceed $300. Each day during which a violation
exists shall constitute, and shall be punishable as, a
separate offense.
In addition, the City is authorized to enforce this Section
24 by injunction, including both the enjoining of
contemplated actions or inactions in violation of this
Section 24 (i.e., excavation or fill activities undertaken
without, or in violation of the terms of, a permit as
required in this Section 24) and mandatory injunction to
require the removal of excavation or fill accomplished
without, or in violation of the terms of, such a permit. In
any such injunction action, the City of Wheat Ridge shall be
awarded its costs of suit, and any costs incurred in the
removal of fill, and/or restoration of areas where fill or
excavation activities have been undertaken in violation of
the provisions of this Section 24.
In addition to the penalties prescribed in this Subpart D,
any person, corporation, partnership, firm, of other entity
applying for an excavation or fill permit after completion of
the activities authorized in said permit shall be required to
pay double the standard permit fee referred to in Subpart A
of this Section 24.
Section 3. Safety Clause. The City Council hereby finds,
determines and declares that this ordinance is promulgated under
the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety and welfare of the public, and
that this ordinance is necessary for the preservation of health
and safety and for the protection of public convenience and
welfare. The City Council further determines that the ordinance
bears a rational relation to the proper legislative object sought
to be attained.
Section 4. Severability. If any clause, sentence, paragraph, or
part of this ordinance or the application thereof to any person
or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect,
impair or invalidate the remainder of this ordinance or its
application to other persons or circumstances.
Section 5. This ordinance shall take effect one day after final
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8
to 0 this 25th day of October, 1982; ordered published in
full in a newspaper of general circulation in the City of Wheat
Ridge and Public Hearing and consideration on final passage set
for November 8, 1982, at 7:30 o'clock p.m., at Council Chambers,
7500 West 29th Avenue, Wheat Ridge, Colorado.
Continued from Nov. 8, 1982 for Public Hearing on Nov. 22, 1982.
READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading
by a vote of 5 to 3 , this 22nd day of November , 1982,
SIGNED by the Mayor this 24th day of November, 1982.
Frank Stites, Mayor
ATTEST:
Carol F. ffampf, Cit y~erk
1st Publication: Oct. 28, 1982
2nd Publication: Dec. 2, 1982
Effective Date: Dec. 3, 1982
APPROVED AS TO FORM BY
OFFICE OF CITY ATTORNEY:
John E. Hayes, City Attorney