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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