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HomeMy WebLinkAboutOrdinance-1989-0813INTRODUCED BY COUNCILMEMBER WORTH Ordinance No. 813 Series of 1989 TITLE: AN ORDINANCE AMENDING SECTION 24. EXCAVATION AND DEPOSIT CONTROL OF APPENDIX A. ZONING ORDINANCE, OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: SECTION 1. Appendix A. Zoning Ordinance of the Code of Laws of the City of Wheat Ridge Section 24. Excavation and Deposit Control, is hereby amended as follows: 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 reason- able uniform limitations, safeguards and controls in the City of Wheat Ridge for the conservation and wise utilization of prop- erty through deposit and/or extraction of soil, sand, gravel, rock, minerals and other similar resources. 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. Any fill operation which is proposed for a parcel located within a 100-year flood plain, shall additionally comply with the Flood Plain Zoning Ordinance, Appendix B of the wheat Ridge Code of Laws. B. Minor Excavation and Fill Permits. 1. 1-50 Cubic Yards: No permit is required for dumping or excavation of 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 exceed- ed, 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. Application shall be made to the Public Works Department on the appropriate form and be accompanied by the appropriate fee. A sketch plan 1 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. C. Location 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 submitted to the Public Works Department. The following information shall be submitted with the required application form: A Site plan, prepared by a registered professional engineer, at a scale of no less than one (1) inch to twenty (20) feet (1":201) which illustrates the following: (1) Location and dimensions of all property bound- aries 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. (6) A complete drainage and grading plan and report, if required, at the discretion of the City Engineer. (7) Plans for wind and water erosion control during operations, and plans for rehabilitation and stabilization upon completion. 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 2 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. 5. In no event shall a single property receive accumulative permits in excess of 20,000 cubic yards within any consecutive 12 month period, except as provided under subsection C. Major Landfill and Excavation Control Operations, hereof. C. Major Landfill and Excavation Control Operations. Dumping, landfill, and/or extraction operations which exceed 20,000 cubic yards may be allowed in any zone district only by special use permit requiring public hearings at Planning Commission and City Council following procedures and requirements as established in Section 26.B, of this Appendix A. Such deposit or extraction of earth, sand, gravel, rock, minerals, broken concrete or broken asphalt 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 use permit may be issued for a period of time not to exceed one (1) year and may be renewed by City Council, upon written request. 1. Application procedures. An application shall be made to the Planning and 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 site's perimeter. C. Location and extent of areas to be filled and/or excavated. d. Drainage Plan and report 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, and methods for controlling erosion from both wind and water, during operations and upon completion. e. Location of existing and proposed points of ingress/ egress. f. Location and extent of existing vegetation, and pro- 3 posed 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. 1. 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. 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 a 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. Erosion Control. Provisions for control of wind and water erosion during operations shall be made and followed. Wind blown materials or sediment loads shall not be allowed to escape the site. d. Overburden. Tire-overburden s all--vc--stvekp+leta either iIr i rewe, -O.-centrated-I1}_eo', aiia affair be stabilized in an nizixci© a=s rivi-zv ='ZriTt . 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 of Tr^iuz 2C~ ~ 81z not be visible at any-pr-epe-r~ All exterior lighting shall be in compliance with Section 27.5. of 4 this Appendix A. 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, filter, etc., as much as possible to eliminate noise, vibration, dust, etc., which are injurious or substant- ially annoying to persons living in the vicinity. 6. Hours of operation. All activities shall operate from 7:00 a.m. to 5:00 p.m. Operations shall not be permitted on Saturdays, Sundays, or holidays. 7. The City of Wheat Ridge City Council specifically reserves the right to approve, approve with stipulations, or deny Special Use Permits for Major Landfill and Excavation Control Operations based upon evaluation of the proposal relative to the "Criteria for Review" as set forth in Section 26.B.3. of this Appendix A. 5 P-e other en.. Y W~ "LL~tee deserkpi i-11 ViOlating any prevision Ana thereof misdemeanor and upon eenvietien fine not to ex.-e-eed $3-0-0. Each day d ing whIch a violation exists shall eenstitate, and-sh 9hab e s, s-eparate Offense. in addition, ','e-Cllty 219 authorized to enforee thi-j-S-e-~ unction, including both the en Ltl-mpl--ted aetions or inactions In-violation of th+9 Section 24 (i.e., excavation or fill acet v' tie undertaken. without, or in vioiation of the terms of, a permit as nA ..n rccj-u' "eaii a-crvia or izzi a~.CvauNiioi.cu z 63' 1 Of the cz-fftter8 6r 1.a- r_ NI-Yz.zb.rr.-,o'cr~~ , ~uii. NciiFl3t zzn any such injunction. act-A-en, the City a eat Ridge shal-l-b~e awarded its costs of and any costs ineurred in the r i-c,nvva,rvr-rri-~ j restoration of areas •'Y ere exeav-ation -ac~irvri a been undertaken in viol-&tii~irv Me proVI this Section 24-. in addition to the penalt-i-e-9 prescribed any persen, corporation, partnershllp, AEirm of other entity fi-p z3 tr ~ L , - of t-h pa of SECTION 2. Safety Clause. The City Council hereby finds, deter- mines, 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 3. 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 application to other persons or circumstances. SECTION 4. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found else- where in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. 6 SECTION 5. This ordinance shall take effect one (1) day after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _8 to 0 on this 9th day of October , 1989, 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 December 11 , 1989, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 this 11th day of December 1989. SIGNED by the Mayor on this 12th day of ATTEST: Wanda Sang, City Clerk,' 1st Publication: October 12, 1989 2nd Publication: December 14, 1989 Wheat Ridge Sentinel: Effective Date: December 15, 1989 LDR/Sec.24/Excavation-Deposit December 1989. Dan Wilde, Mayor APPROVED AS TO FORM BY OFFICE OF,,C Y /IATTORNEY: t 6 John/E. Hayes / ` 10-02-89 7