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HomeMy WebLinkAbout09560ORDINANCE NO. 9560 AN ORDINANCE AMENDING CHAPTER 5 OF TITLE VII, CHAPTERS 4 AND 6 OF TITLE XII, AND CHAPTER 12 OF TITLE XVI OF THE PUEBLO MUNICIPAL CODE RELATING TO NEEDED AMENDMENTS TO MEET THE MINIMUM REQUIREMENTS OF THE MS4 PERMIT NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicating matter being added) SECTION 1. Section 7-5-5 of Chapter 5 of Title VII of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 7-5-5. - Construction activities. (a) Any person engaged in overlotting, excavating, grading, cutting, filling or other dirt moving or construction activity involving or which will involve a disturbance to more than one thousand (1,000) square feet of land area but less than twenty-five (25) acres, and the owner of the property where any such activity occurs, shall be required to comply with the requirements of and Section 16-12-10 of this Code Sections 7-5-3, 7-5-4 and 7-5-9 of this Chapter . (b) Control measures and operating procedures for construction activities may include, but are not limited to, planting vegetative cover, providing synthetic cover, watering, chemical stabilization, furrows, compacting, minimizing disturbed area, wind breaks, on-site vehicle speed control and delayed surface opening until demand. SECTION 2. Section 12-4-7 of Chapter 4 of Title XII of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 12-4-7. - Minimum standards. (a) Acreage Subdivision. Where the parcel of land is subdivided into larger tracts than ordinarily used for building lots, such parcel shall be divided so as to allow for the opening of major streets and the ultimate extension of adjacent minor streets. The location of all streets in a proposed subdivision shall conform in general alignment to the Pueblo Roadway Development Plan. (b) Relation to Adjoining Street System. New subdivisions shall make provisions for the continuation of the principal existing streets in adjoining additions, or their proper projection where adjoining property is not subdivided, unless the Planning and Zoning Commission deems such extension undesirable for specific reasons of topography and/or design. Where it is desirable in the opinion of the Planning and Zoning Commission to provide street access to adjoining property, proposed streets shall be extended by dedication to the boundary of such property. In general, such streets shall be of a width as great as that of the streets so continued or projected. (c) Streets, Alleys, Utility Easements. (1) Dedication of Right-of-Way — New Streets. The dedication of right-of-way, measured from lot line for new streets, shall be as shown on the Pueblo Area Council of Governments (PACOG) Corridor Preservation Plan, or if not shown thereon, shall meet the standards set forth in the Roadway Classification Design Standards and Policies as approved by the City Council. Roadway classifications shall be designated and approved by the Director of Public Works or the Director's designee. (2) Dedication of Right-of-Way — Existing Streets. Subdivisions platted along existing streets shall dedicate additional right-of-way if necessary to meet the minimum width requirements as specified by the Pueblo Area Council of Governments (PACOG) Corridor Preservation Plan, or if not shown thereon, shall meet the standards set forth in the Roadway Classification Design Standards and Policies as approved by City Council. a. The entire minimum right-of-way shall be dedicated except where the subdivision is located on only one (1) side of an existing street. b. Where the subdivision is located on only one (1) side of an existing street, at least that amount of right-of-way necessary to construct a street of the minimum width required in Subsection (c)(1) of this Section shall be dedicated and the entire right-of-way shall be improved by the subdivider according to the specifications set forth in Subsection (j) herein. (2.5) Conflict. In the event of a conflict between the Pueblo Area Council of Governments (PACOG) Roadway Corridor Preservation Plan and the Roadway Classification Design Standards and Policies, the Roadway Classification Design Standards and Policies shall control to the extent of such conflict. (3) Marginal Access Streets—Service Roads. Where a subdivision adjoins or contains an existing or proposed arterial highway on which traffic volumes and vehicular speeds warrant special safety considerations, the Planning and Zoning Commission may require marginal access streets. (4) Street Jogs. Street jogs with center line offsets of less than one hundred twenty-five (125) feet shall not be permitted. Streets shall intersect as nearly as possible at right angles. (5) Dead-end Streets. The right-of-way for permanent dead-end streets shall not be less than sixty (60) feet in width, shall not be longer than six hundred sixty (660) feet and shall be provided at the closed end with a turn-around having a radius at the flow line of the gutter at the outside of the pavement of at least forty (40) feet. The right-of-way around the paved area of a cul-de-sac shall be a minimum of twelve (12) feet wide at all points as measured from the gutter flow line to the property line, and assurance of adequate stormwater drainage by easement through adjoining lots shall be provided where necessary. (6) Utilities. a. All utilities, except electric lines in excess of thirty thousand (30,000) volts, shall be placed underground unless a waiver from the requirement is granted by the Planning and Zoning Commission at the time of subdivision, or unless a special use permit is issued by the Planning and Zoning Commission as provided in Paragraph 17-4-30(a)(1) of this Code. Transformers, switching boxes, terminal boxes, meter cabinets, pedestals, ducts and other facilities necessarily appurtenant to such underground utilities may, with the approval of the Planning and Zoning Commission, be placed above ground. b. All utility easements shall be located and provided where and when required and necessary. Easements for sewer, water and storm drainage shall be at least twenty (20) feet in width, and all other utility easements shall be at least ten (10) feet in width. c. In addition, a storm water easement or drainage right-of-way may be required by the Planning and Zoning Commission where necessary for proper drainage within or through a subdivision. (7) Blocks. a. Length. No block shall be longer than one thousand three hundred twenty (1,320) feet between the center line of street lines or as set forth in the Roadway Classification Design Standards and Policies as approved by the City Council. No block on an arterial street shall have fewer than four hundred (400) feet between center lines of an intersecting street. b. Width. Blocks shall have sufficient width to provide for two (2) tiers of lots of appropriate depth, except where it is desirable to back one (1) tier of lots to an arterial street or highway, or where two (2) tiers of lots are not desirable in the opinion of the Planning and Zoning Commission due to the nature of the proposed development. (8) Roadway Standards and Specifications. All streets, alleys and other roadways shall be approved and accepted in writing by the Director of Public Works, or the Director's designee, before they are accepted by the City for right-of-way and maintenance purposes. All such roadways shall be installed according to construction specifications and detail standards required by the Roadway Classification Design Standards and Policies, and the Standard Construction Specifications and Standard Details, approved by the City Council. If any other provision or requirement of this Title conflicts with such Roadway Classification Design Standards and Policies, or the Standard Construction Specifications and Standard Details, the more restrictive or higher standard shall control and be required. (d) Places. Where it is desired to subdivide a parcel of land which, because of its size and location, does not permit a normal street arrangement, there may be established a "place." Such "place" may be in the form of a court, a nonconnecting street or other arrangement, provided, however, that proper and easy access shall be provided for all lots from a dedicated street or court, and the size of the layout shall be such as to assure a building arrangement corresponding to the standard requirements for normal forms of subdivision of land. (e) Dedication of Parks and Recreation Facilities. (1) The subdivider shall dedicate to the City for use as parks and recreational facilities eight percent (8%) of the land area, exclusive of street widths, of a subdivision to be developed for residential purposes. The City, subject to funds being appropriated for such purpose and acceptance of the park site by the City Council, shall assume the responsibility to develop and maintain said land. The subdivider shall construct and install the curbs, gutters and street improvements which abut the dedicated land. (2) If the City Council determines, after consideration of the recommendations of the Planning and Zoning Commission, that the location, arrangement or size of the proposed subdivision is not appropriate for dedication of eight percent (8%) of the land area, the City Council shall require either (a) a cash payment in lieu of land dedication, or (b) the dedication of less than eight percent (8%) of the land area; provided (1) the land area to be dedicated is sufficient to reasonably serve the proposed subdivision and the future residents thereof, and (2) the subdivider constructs and installs all required park and recreational facility improvements. All payments in lieu of land dedication shall be equal to eight percent (8%) of the fair market value of the land in such subdivision, exclusive of street widths, valued as subdivided land in the intended zone district. If the subdivider and City are unable to agree as to the fair market value of the land, the City shall have the land appraised by an independent qualified appraiser, and such appraisal shall be prima facie evidence of the fair market value of the land. The subdivider and City shall each pay one-half (½) of the cost of such appraisal. (3) Cash payments made in lieu of land dedication shall be deposited with the City and held in an interest-bearing account to be used solely for the purpose of acquiring and developing park and recreation facilities to serve such subdivisions and future residents thereof. Any interest or other income earned on monies deposited in said interest-bearing account shall be credited to the account. Park and recreation facilities shall include pedestrian and bicycle trails and neighborhood and district parks to serve such subdivisions. The City shall be entitled to retain four percent (4%) of the cash payments made in lieu of land dedication to cover costs of collection and administration of the cash payments and income therefrom. (4) If subdivision plats within an approved Overall Development Plan are accepted before the land for park and recreational purposes is actually dedicated, a cash deposit equal to the in-lieu-of-cash payment shall be deposited by the subdivider with the City, to be held in escrow until dedication thereof is completed. (5) This Section shall not apply to land to be developed for business or industrial purposes. Land to be developed for nonresidential purposes, or land to be developed pursuant to a special area plan or planned unit development which includes and provides for parks for recreation facilities to serve the future residents thereof, may also be excluded from the requirements of this Section if the City Council, after considering the recommendation of the Planning and Zoning Commission, finds and determines that such dedication or cash in lieu thereof is not reasonably necessary to serve the proposed subdivision or development and the future residents thereof. (6) In the dedication of land for parks and recreation purposes, outstanding geographic, historic or topographic features of the landscape, insofar as possible, shall be selected and preserved. Land located in a subdivision which was subject to this Section and from which land was dedicated or cash was previously contributed hereunder, shall not be subject to the requirements of this Section upon the resubdivision of such land. (7) The City Council may, upon recommendation of the Planning and Zoning Commission, exempt from the requirements of this Section land located in a residential zone district of two (2) acres or less which is being resubdivided, provided that the City Council finds that there will neither be a substantial impact upon, nor a significant increase in usage for, existing neighborhood parks as a result of this resubdivision. (8) No subdivider shall be required to dedicate land or pay a fee in lieu of land dedication to meet the same need for park and recreation facilities for which this Subsection (e) is imposed. (9) All cash payments made in lieu of land dedication shall be expended by the City for the purposes approved in this Subsection (e) within twelve (12) years of the date of payment on a first in, first out basis; that is, the first fees paid shall be considered the first fees expended. Fees not so expended shall be refunded with interest at the rate of four percent (4%) from the date of payment, upon application, to the subdivider making the cash payment. Applications shall be made, in writing, to the Director of Finance within six (6) months after the expiration of the twelve-year period following the date of payment. Applications for refund shall be accompanied by a copy of the dated receipt issued for payment of the cash payment made in lieu of land dedication or evidence satisfactory to the Director of Finance that the fee was paid, when and by whom, together with proof that the applicant is the subdivider who made the payment or, if not the subdivider, that the applicant is lawfully entitled to the payment as the heir, personal representative, successor or assignee of the subdivider who made the payment. (f) Lots. (1) All lots shall front upon a public street or road or on a City-approved private street or road that directly connects with a public street. (2) Side lot lines shall be substantially at right angles to straight street lines or radial to curved street lines. (3) Lot area shall conform to the requirements of the Zoning Ordinances of the City as the same may be now or hereafter amended. A greater lot area may be required for residential lots if drainage, soil conditions or other factors would contribute to potential health problems. (g) Street Names. Streets which are obviously in alignment with others already existing and named shall bear the name of existing streets; otherwise, names shall not duplicate existing street names. Street names shall comply with the Pueblo City-County Addressing Standards, published May 2010, or as subsequently amended by resolution of City Council, on file with the Office of the City Clerk. In no case shall a street be known as a "place" unless it conforms to the provisions of Subsection (d) of this Section. \[\] ,, and Permanent Stormwater (h) Easements Along Streams and Watercourses BMPs and Detention Facilities . Whenever any stream or surface watercourse is located in an area that is being subdivided, the subdivider shall at his or her own expense make adequate provisions for the proper drainage of surface water and shall also provide and dedicate to the City The City may also, as necessary for an easement along said streams and watercourses. continual operation and maintenance, require a dedicated easement for permanent stormwater BMPs designed to protect water quality and provide detention storage. (i) Flood Hazard. Land subject to flooding shall not be subdivided for residential purposes. (j) Improvements. (1) Compliance with requirements—Steps. Before the plat of any subdivided area shall be approved, the subdivider shall elect and carry out one (1) of the following alternatives: a. Alternative 1: Make and install the improvements described in this Subsection in accordance with the standards and specifications of the City in effect at the time of construction of such improvements. b. Alternative 2: Deposit a performance and completion bond with the sufficient surety with the Director of Public Works in an amount not less than the Director's estimate for all required improvements, such bond to be conditioned upon the completion of such improvements within the required time. c. Alternative 3: Deposit cash or other collateral in an amount not less than the Director's estimate for all required improvements with the Director of Finance, or with any bank or trust company licensed in the State subject to an escrow agreement approved by the City Attorney whereby the holder of such cash or collateral shall pay all or any remaining portion thereof to the City upon demand after the required time shall have expired, and the City shall use the amount so paid to complete all or part of the improvements. d. The required time for completion of all such improvements by the subdivider under Alternatives 2, 3 and 5 shall be one (1) year from the date of approval of the plat by the City Council or within such additional time, not to exceed two (2) years from the date of approval of the plat by the City Council, as the Mayor shall approve and authorize in writing. Upon completion of such improvements within the required time, and payment of all costs or inspection by the subdivider, the Director of Public Works shall cause such bond, deposit, escrow agreement or letter of credit to be released. If said improvements are not completed within the required time, the Director may cause the proceeds of the bond, cash deposit or other collateral, monies in escrow or letter of credit to be used to complete the improvements. Until all improvements are completed and approved by the City, the subdivider shall remain liable and responsible therefor. e. Alternative 4: 1. Enter into an agreement with the City in writing to be recorded and to run with the land whereby within one hundred eighty (180) days after application for a building permit to construct any building or structure upon any building site within the subdivision, or upon the issuance of a certificate of occupancy for any such building or structure, whichever is sooner, the subdivider or any subsequent owner of the land or any portion thereof shall deposit cash or other collateral with the Director of Finance, or with any bank or trust company licensed in the State subject to an escrow agreement approved by the City Attorney. The holder of such cash or collateral shall pay all or any portion thereof to the City upon demand after the time for completion of all required improvements by the subdivider or subsequent owner shall have expired. Such deposit or escrow agreement shall be hereinafter referred to as the deposit. 2. The amount of the deposit shall be computed as follows: The Director of Public Works shall estimate the total cost of all uncompleted improvements required by this Section within the block at the time application for building permit is made. The amount of the deposit required by this alternative shall be not less than twenty-five percent (25%) of such estimate, plus the estimated cost of extending all required sewer and water lines from the nearest existing sewer and water lines to the proposed building site for which a building permit is sought, plus the cost of extending curb, gutter, sidewalk and paving from the edge of the subdivision or existing improvements of a like nature, whichever is nearer to the proposed building site. In any case where the block, as hereafter defined, shall exceed one thousand (1,000) feet in length between intersecting streets, the estimate of the Director of Public Works under this Section may be reduced to the total cost of all uncompleted improvements in at least one- half (1/2) of such block, and the required deposit shall be based upon such decreased estimate; provided, however, that the subdivider shall undertake to provide a turn-around of at least sixty (60) feet in diameter at the mid- block point and barricade said street so that no through traffic shall be permitted beyond the point to which the estimate of the Director of Public Works is based. 3. Within one hundred eighty (180) days after subsequent application for a building permit to construct any building or structure upon any building site within the block, or upon the issuance of a certificate of occupancy for any such building or structure, whichever is sooner, the applicant shall likewise deposit an amount not less than the estimate of the Director of Public Works for all required improvements from existing improvements to the proposed building site, less any previous deposits made hereunder upon building sites lying between the most recently proposed site and existing improvement. 4. Upon payment of each such deposit, the Director of Public Works shall release the proposed building site from the terms of the subdivider's Alternative 4 Agreement. 4.1. Failure to deposit. In the event the subdivider or any subsequent owner of the land shall fail to complete such improvements or make such deposit within the required time, no further building permits shall be issued to the subdivider or the subsequent owner or to any other person to build or construct any building or structure in such subdivision until such default is remedied. In addition thereto, the City may treat the amount of such deposit as a debt due the City from the subdivider or subsequent owner, which debt shall be a lien upon all the land in said subdivision, and notice of lien may be filed for record in the office of the County Clerk and Recorder at any time after such default. Action upon such debt may be instituted by the City within six (6) years from the date of filing such lien for record. All remedies provided for herein are cumulative and the use of one (1) shall not prohibit the use of another. 5. The required time for completion of all such improvements by the subdivider within such block shall be one (1) year from the date of application for the first building permit issued within such block. Upon completion of such improvements within the required time and the payment of all inspection costs by the subdivider, the Director of Public Works shall cause all obligations of the Subdivider relating to such improvements within such block to be released. If said improvements are not completed within the required time, the Director of Public Works may cause the proceeds of all deposits or other collateral or monies in escrow to be used to complete the same. If insufficient monies are available at the end of the required time to complete all such improvements herein required for the entire length of such block, the Director of Public Works shall cause all collateral or monies in escrow to be reduced to cash and shall deposit the same with the Director of Finance, and such cash shall be used to complete that portion of the improvements the Director of Public Works shall determine. Until all improvements are completed and approved by the Director of Public Works, the subdivider shall remain liable and responsible therefor. 6. For purposes of this alternative, the word block shall mean both tiers of lots fronting or abutting upon the street which the proposed building or structure shall front to the rear property line of such lots, or the center line of the alley if there is any alley, and enclosed at either end by a street which intersects both tiers of lots, and shall include the full width of all streets upon which such lots abut. f. Alternative 5. 1. Enter into a written agreement with the City to timely construct and complete all required public improvements in accordance with the standards and specifications of the City in effect at the time of construction of such improvements. 2. Deposit with the Director of Finance an irrevocable letter of credit approved by the City Attorney and issued by a bank or other qualified institution authorized to do business in the State. The institution issuing the letter of credit shall undertake and obligate itself to pay to the City a stated amount equal to the costs of constructing and completing the required public improvements as estimated by the Director of Public Works. If the subdivider shall fail to timely complete the required improvements, the City may present to the issuing institution a written statement from the Director of Public Works specifying the costs to then construct and complete the required public improvements and demanding payment of that amount. Upon receipt of such written demand, the issuing institution shall, without further action or notice, immediately pay to the City the amount demanded or the stated amount of the letter of credit, whichever is less. The letter of credit may not be withdrawn or reduced in amount until released in writing by the Director of Public Works, and it shall contain a specified expiration date which shall not be less than eighteen (18) months or greater than three (3) years after the date of its issuance. g. All surety bonds, collateral in lieu of cash, escrow agreements or letters of credit shall be approved as to form and sufficiency by the City Attorney. Surety bonds shall be deemed sufficient if executed by a corporate surety licensed to do business in the State and countersigned by a resident agent of such corporate surety. Collateral in lieu of cash shall be deemed sufficient if negotiable, eligible as an investment for public funds, and have a present market value in excess of the amount of the estimate of the Director of Public Works. Letters of credit shall be deemed sufficient if issued by a qualified institution doing business in the State. h. Upon the completion of the same, all such improvements shall be appropriately dedicated to public use. i. Upon meeting the requirements of Alternative 1, 2 or 3 above, as to an entire subdivision or any portion thereof, the subdivider may in writing apply for and the Director of Public Works shall issue a letter of guarantee addressed to any public or private lending institution or loan guarantee agency or institution setting forth the nature of the financial guarantee supplied by the subdivider, the nature of the improvements to be made thereunder, a description of the land to be benefited by such improvements, and the anticipated date of completion. The Director of Public Works may further guarantee to the addressee that such improvements will be completed within the time stated or that the City will use the proceeds of the subdivider's financial guarantee to complete such improvements with all deliberate haste. (2) Street grading and paving. All streets shall be filled or excavated to the grade approved by the City Engineer and paved, complete with curb and gutter. Such improvements shall be installed under the supervision of the City Engineer in accordance with the standards and specifications adopted by the City Council. (3) Minimum pavement widths. Pavement widths shall be measured between flow lines of gutters and shall be approved by the Director of Public Works or the Director's designee and comply with the standards set forth in the Roadway Classification Design Standards and Policies approved by the City Council. (4) Sidewalks. Sidewalks shall have a minimum width of four (4) feet fronting residential lots and a minimum width of six (6) feet fronting school, commercial and business areas. Sidewalks shall be required on both sides of streets. Thickness of sidewalks shall be in conformance with City standards. (5) Utilities. a. Water supply system. The subdivider shall construct a complete water distribution system, in accordance with the specifications of the Board of Waterworks, including a service for each lot and appropriately spaced fire hydrants. b. Sanitary sewer system. The subdivider shall construct a complete sanitary sewer system, in accordance with the design criteria and specifications promulgated by the Director of Wastewater and approved by the City Council, which system shall include a building sewer to each lot. The subdivider may also be required to construct off-site, oversized or perimeter sewer collection system improvements deemed necessary to promote orderly and efficient development of the City, subject to the cost recovery procedures specified in Chapter 5 of Title XVI of this Code. \[\] managementThe subdivider shall construct c. Storm drainage. a complete stormwater drainage system in accordance with standards specified by the City Engineer and approved by the City Council. All proposed development shall satisfy the City’s drainage criteria and standards. All Applicable Development Sites shall satisfy the City’s \[ stormwater quality criteria and standards. Adequate provisions for stormwater drainage shall be provided in accordance with standards specified by the City \] Engineer and approved by the City Council. The subdivider shall also be required to provide appropriate special measures and facilities with respect to any stormwater discharge from land associated with industrial activity or from sites upon which industrial activities or other activities with a potential for release of hazardous substances had been conducted in the past. Such special measures and facilities shall be designed to ensure: (1) that the discharge of any pollutants in stormwater discharge will be reduced to the maximum extent practicable; (2) that the stormwater discharge will comply with any state, federal and local effluent limitations applicable to stormwater discharges; (3) that any spill of hazardous substances or toxic material may be prevented or contained to avoid or substantially reduce entry into municipal stormwater facilities; (4) that there will not be a release or threatened release of hazardous substances or hazardous wastes; and (5) that stormwater will not be discharged into municipal facilities which may cause or contribute to a violation of a water quality standard. d. Street illumination systems. The subdivider shall construct and install a complete street illumination system in accordance with the standards and specifications of the City Engineer. (6) Street name signs. The installation of street signs at all intersections shall be required, such signs to be in general conformity with existing street signs as to size, lettering, durability and placement, all of which shall be approved by the Director of Transportation. (7) Monuments. a. A concrete monument at least eighteen (18) inches long and six (6) inches square with a lead plug one (1) inch deep and brass tack center point shall be set at the intersection of the center lines of each street right-of-way and also at the point of curvature and tangency of said center lines of curvilinear streets. Said concrete monuments shall be set one (1) foot below the established grades of the streets. Installation of monuments and monument boxes shall be considered as part of the street improvements and streets will not be accepted until these items are properly installed in locations shown on the plat. b. Iron pin monuments one-half (1/2) inch in diameter and at least fourteen (14) inches long shall be placed at all points on boundary lines where there is a change of direction and at all block corners. (8) Inspection. All improvements required under this Subsection shall be constructed according to applicable City specifications and standards. All improvements shall be inspected and approved by the City Engineer. Cost of inspection shall be paid by the subdivider. (9) Guarantee. a. All workmanship and materials on all required improvements shall be guaranteed by the subdivider for a period of two (2) years from the date of the acceptance of the required improvements by the City Engineer; with the exception from the guarantee requirement for any defects which are the result of public abuse, misuse or acts of God. In the event any other provision of this Code or specifications adopted pursuant thereto shall require a guarantee of workmanship, materials or both for a different period of time, that provision requiring the longer period of guarantee shall govern. City inspection shall not relieve the subdivider of such guarantee of workmanship and materials. b. Within thirty (30) days after notice is given by City to the subdivider specifying any defect in required improvements which occurs or existed during any applicable guarantee period, or in the event of an emergency as determined by the Director of Public Works, immediately after such notice is given to the subdivider, the subdivider shall undertake the correction of such defect and thereafter diligently prosecute the correction thereof to completion in a good and workmanlike manner. If the subdivider fails to timely undertake or thereafter fails to diligently prosecute the correction of the defect to completion, the City is granted the right (but not the obligation) to correct the defect and recover all costs thereof including administrative and inspection charges of twenty-five percent (25%) together with interest thereon at the rate of ten percent (10%) per annum from the subdivider. In addition, until paid in full, all such City costs and administrative and inspection charges together with interest thereon at the rate of ten percent (10%) per annum, shall become a perpetual lien on all the land within the subdivision upon recording in the office of the County Clerk and Recorder a statement of lien setting forth the City's costs and administrative and inspection charges and a description of the land, signed and acknowledged by the Director of Public Works. Failure of the City to correct any such defect shall not subject the City to any liability to any person for such failure. (10) The Director of Public Works is authorized to execute in the name of the City all instruments and documents relating to the alternatives described in Section 12-4- 7(j)(1), or the deferral of such alternatives, provided that such deferral period does not exceed one (1) year from the date a final subdivision plat is conditionally approved by ordinance adopted by the City Council. SECTION 3. Section 12-6-4 of Chapter 6 of Title XII of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 12-6-4. - Conditions. (a) All permits shall be issued according to the provisions of this Chapter and subject to such rules, directions and limitations regarding the time to be required for the work and the manner in which the work is to be performed as the Director of Public Works may by specifications prescribe. (b) Such permits shall be conditioned that all work performed thereunder shall be in accordance with the specifications of the City Council or Director of Public Works, which shall provide for the proper care and protection of the streets, alleys, sidewalks and other public places of the City and persons and property thereupon. Permit conditions for grading and excavation when such work, including all (c) related work on the project for which the permit is requested, meets the definition of Applicable Construction Activity or Applicable Development Sites, as set forth in Chapter 12 of Title XVI of this Code, shall be conditioned in accordance with the specifications of the City Council or Director of Public Works, which shall provide for proper care to protect the quality of stormwater runoff. (d) Such permits shall be conditioned that all work done thereunder shall be only such work as is allowed by the City and specified in ordinance, resolution, or contract of the City Council or the application submitted under Section 12-6-2 hereof. \[\] (e) (d) No permit issued under the provisions hereof shall be for more than one (1) excavation project. \[\] (f) (e) An excavation permit shall not be required for construction, reconstruction or repair of sidewalks, curbs, gutters or driveways or the installation of utility poles and anchors if such work is done in accordance with the terms of this Chapter relating thereto; provided, however, that no excavation for utility pole or anchor shall be left uncovered except during the actual excavating and pole installation; and provided further that installation of utility poles and anchors shall be completed on the same day the excavation therefor is begun. \[\] (g) (f) Applicants shall pay a fifty-dollar permit fee to excavate within the public right-of- way outside of paved street or alleys. Entities exempt from paying the pavement impact fee pursuant to Subsection 12-6-4.1(f) shall pay the fifty-dollar permit fee to excavate within any street, alley or public right-of-way. The fees provided for in this Subsection may be modified or amended by resolution of the City Council. SECTION 4. Section 16-12-3 of Chapter 12 of Title XVI of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 16-12-3. - Definitions. For purposes of this Chapter, the following words shall have the following meaning, unless the context clearly indicates otherwise: means construction activity that results in (1) Applicable Construction Activity a land disturbance of greater than or equal to one (1) acre or that is less than one (1) acre but is part of a larger common plan of development or sale without an allowable exclusion. (2) means land disturbance greater than or equal Applicable Development Site to one (1) acre, including sites less than one (1) acre that are part of a larger common plan of development or sale without an allowable exclusion. Applicable development sites include all new development or redevelopment sites. (3) means specific criteria of applicable construction or Allowable Exclusion development sites which exempt the owner from satisfying standards specified by the City Engineer and approved by City Council for stormwater management. (4) Developer means an owner or owners of one (1) or more parcels of real property intending to undertake a development which changes the scope, type or amount of improvements on the real property. \[\] (5) (2) Director means the Director of the Department of Public Works or the Director's Designee. \[\] (6) (3) Grant means a cash payment of public funds or contribution of money made directly to the stormwater utility enterprise by a state or local governmental entity or district, which is not required to be repaid. Grant does not include public funds paid or advanced to the stormwater utility enterprise in consideration for the provision of any goods, services, facilities, rights or interest by the stormwater utility enterprise to a state or local governmental entity or district, nor does grant include refunds made in the current or next fiscal year, gifts, any payments directly or indirectly from federal funds or earnings on federal funds whether or not the state or local governmental entity or district acts as a conduit for such payments, collections for another governmental entity and any other payments or revenue excluded from the definition of grant under the Colorado constitution or law. \[\] (7) (3.5) Illegal discharge means any direct or indirect spill or discharge of any substance, other than stormwater drainage runoff and naturally occurring groundwater, to the City's storm drainage system; provided, however, that the following discharges shall be allowed \[\] and will not constitute an illegal discharge: return flows from irrigation; lawn watering agricultural stormwater runoff; landscape irrigation runoff; water from building foundation drains and drainage; runoff from noncommercial car washing; dechlorinated water from swimming pools; water from fire hydrants, including water used for potable water system cleaning and testing \[ as well as water used for firefighting and treated fire training water; emergency discharges of contaminated water from ditches and canals as necessary to protect public drinking water \] supplies; water diversions undertaken pursuant to decreed water rights; spring water; flows from rising ground waters; uncontaminated groundwater riparian habitats and wetlands; infiltration; uncontaminated pumped groundwater; air conditioning condensation; water from crawl space pumps; water incidental to street sweeping (including associated sidewalks and discharges authorized by a state or federal medians) that is not associated with construction; discharge permit; dye testing in accordance with manufacturer’s recommendations; and \[\] stormwater runoff with incidental pollutants such other waters as the City has determined, \[\] low risk policies by regulation adopted by the Director of the stormwater utility enterprise which have been approved by the Mayor, to be noncontaminated and acceptable for discharge to the City's storm drainage system and any receiving stream. Nothing contained herein shall be construed to relieve any person discharging into the storm drainage system from any liability for damage caused by the volume or quality of water so discharged. \[\] (8) (3.7) Illicit connection means any drain, pipe or conveyance, whether located on the ground surface or below ground, which allows an illegal discharge to enter the City's storm drainage system, or any drain, pipe or conveyance discharging into the City's storm drainage system (even if the conveyance is located outside the corporate boundaries) any sewage, industrial or commercial process wastewater or other nonstormwater containing a pollutant. \[\] (9) (4) Impervious surface means surfaces on or in real property where the rate of infiltration of stormwater into the earth has been reduced by improvements. \[\] (10) (5) Improvement means any works of man or manmade change to real property including but not limited to buildings or other structures, streets, parking lots, driveways, patio areas, roofs, sidewalks, storage areas, paving and compacted surfaces. \[\] (11) (6) Major stormwater facilities means those stormwater facilities within each drainage basin identified and described as major stormwater facilities in the official master drainage plan of the City and, until adoption of the official master drainage plan of the City by the City Council, major stormwater facilities means those stormwater facilities identified and described as major stormwater facilities in a developer's master drainage plan for the real property being developed, meeting the standards and criteria established by the Storm Drainage Criteria and Policies and approved by the Director. (12) means land disturbing activities, structural development, New development including construction or installation of a building or structure, creation of impervious surfaces, and land subdivision for a site that does not meet the definition of redevelopment. \[\] (13) (6.5) Pollutant as used in this Chapter means any contaminant of water discharged into stormwater facilities except those which are naturally occurring in stormwater runoff and area groundwater. Pollutants include, but are not limited to, the following: paints, varnishes and solvents; oil, antifreeze, transmission fluid and other automotive fluids; liquid, semi-solid and solid wastes; refuse, rubbish, garbage and litter; pesticides, herbicides and fertilizers; sewage, animal feces, pathogens and sanitary waste; commercial carpet cleaning discharges; grease; power wash discharges; and dissolved and particulate metals other than those naturally occurring in stormwater and local groundwater. \[\] (14) (7) Project costs means those costs of administration, operation, management, planning, financing, engineering, construction, maintenance, reconstruction, replacement, right- of-way acquisition, contingencies, fiscal and legal costs of stormwater facilities, including those costs to comply with federal, state or City laws regulating stormwater facilities or runoff. (15) means a site that is already substantially developed with Redevelopment 35% or more of existing imperviousness and either: the creation or addition of impervious area (including removal and/or replacement), to include the expansion of a building footprint or addition or replacement of a structure; or structural development, including construction, replacement of impervious area that is not part of a routine maintenance activity, and land disturbing activities. \[\] (16) (8) Revenue bonds means bonds, notes or other obligations lawfully issued or otherwise contracted for, payable from the revenues to be derived from the functions, services, benefits or facilities of the stormwater utility enterprise or from other available funds of the stormwater utility enterprise. \[\] (17) (9) Runoff means that that part of snowfall, rainfall or other stormwater which is not absorbed, transpirated, evaporated or left in surface depressions and which then flows controlled or uncontrolled into a watercourse or body of water. \[\] (18) (10) Storm Drainage Criteria and Policies means the Storm Drainage Criteria and Drainage Policies for the City of Pueblo, Colorado, dated June 9, 1997 and as same may be subsequently amended by resolution by the City Council. \[\] (19) (10.5) Storm drainage system means City-owned or City-controlled stormwater facilities. \[\] (20) (11) Stormwater facilities means any one (1) or more of the various devices used in the collection, disposition or treatment of storm, flood or surface drainage waters, including man-made structures and natural watercourses for the conveyance of runoff, such as: conduits and appurtenant features, canals, ditches, streams, gulches, gullies, flumes, culverts, streets, curbs, gutters, detention areas, pumping stations, pipes and related equipment and appurtenances; all extensions, improvements, remodeling, additions and alterations thereof; and any and all rights or interest in such stormwater facilities. SECTION 5. Section 16-12-10 of Chapter 12 of Title XVI of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 16-12-10. - Developer's obligation. For purposes of this Chapter, the following words shall have the following meaning, unless the context clearly indicates otherwise: \[ ;Requirement (a) Post-construction Stormwater Best Management Practices . All new development and significant redevelopment projects disturbing more than or equal to one (1) \] acre, and those less than one (1) acre but part of a larger common plan of development or sale, (1) Applicable Development Sites must incorporate permanent stormwater These requirements shall apply unless the City quality best management practices. approves and documents an Allowable Exclusion according to policy adopted by the Director of the stormwater utility enterprise having been approved by City Council. Each developer of real property within the City shall provide all necessary stormwater facilities to ensure adequate drainage and control of runoff to, on and from such real property including, without limitation, the construction and installation of all on- site and off-site stormwater facilities including major stormwater facilities: \[\] a.base design (1) In conformity and compliance with the standards including without established by the Storm Drainage Criteria and Policies limitation the referenced Urban Drainage Flood Control District Technical Criteria Manual ; and \[\] b. (2) Meeting the requirements of the official master drainage plan of the City and, until adoption of the official master drainage plan of the City, meeting the requirements of the developer's master drainage plan for the real property being developed and approved by the Director. (2) Site Plans. a. Requirement. Developer must include design details for all structural BMPs, narrative reference for all non-structural BMPs if applicable, documentation of operation and maintenance procedures to ensure the long term observation, maintenance, and operation of the control measures, and documentation regarding easements in accordance with Section 12-4-7 or other legal means for access of BMPs for operation, maintenance, and inspection. b. Review. The City shall review development plans prior to approving construction to confirm that control measures satisfy base design standards and include all information required by the City for site plans. (3) Easement. No owner of real property being developed through which a natural drainage way flows or a regional stormwater treatment BMP is designed as shown on the master drainage plan shall obtain a building permit to develop the real property, unless the owner first grants to the City at no charge a permanent easement to construct, maintain, repair and reconstruct the stormwater drainage channel along the drainage way or the regional stormwater treatment BMP location. (4) Construction inspection and acceptance shall be conducted by the City prior to issuing a valid certificate of occupancy for an Applicable Development Site or equivalent authorization to use the development site in accordance with the approved site plan. Inspections must confirm the completed stormwater BMP operates in accordance with the approved site plan. ; Requirement (b)Construction Stormwater Best Management Practices. \[ Construction sites disturbing more than or equal to one (1) acre, and those less than one (1) \] acre but part of a larger common plan of development or sale, (1) Owner or operator of Applicable Construction Activity must implement adequate construction stormwater best management practices (BMPs) to control erosion, These requirements shall apply unless sediment-laden runoff and waste from the site. the City approves and documents an Allowable Exclusion according to policy adopted by the Director of the stormwater utility enterprise having been approved by City Council. Each developer of real property within the City must implement construction stormwater BMPs for all stages of construction to final stabilization: \[\] a.base design (1) In conformity and compliance with the standards including without established by the Storm Drainage Criteria and Policies limitation the referenced Urban Drainage Flood Control District Technical Criteria Manual ; and \[\] b. (2) To control erosion, sediment and waste, including but not limited to discarded building materials, concrete truck washout, chemicals, litter, sanitary waste and other non-stormwater discharges, including construction de-watering and wash water, at the construction site that may cause adverse impacts to water quality. c. All temporary construction stormwater BMPs shall be removed and properly disposed of within thirty (30) days after final site stabilization or after the temporary BMPs are no longer needed as determined by the Director. (2) Construction Site Plans. a. Requirement. Developer shall prepare and submit site plans that locate (if applicable) and identify all structural and nonstructural BMPs for the applicable construction activities. The site plans must contain installation and implementation specifications, or a reference to the document with the installation and implementation specifications, for all structural control measures. A narrative description of nonstructural control measures must be included in the site plans. Pollutant sources associated with the applicable construction activity shall be addressed in the site plan. b. Review. The City shall review site plans for all applicable construction activities prior to the start of construction activities. Initial site plan review shall include the following: 1. Confirmation that the site plan includes appropriate control measures for all stages of construction, including final stabilization; and 2. Confirmation that the control measures selected satisfy municipal requirements for control measures. (3) Developer shall provide City officials with access to Applicable Development Sites for the purpose of conducting site inspections and documenting required corrective actions associated with municipal standards and criteria for stormwater control measures, pollutant sources, and discharge locations. Enforcement.described on (c) Failure to adequately implement or maintain BMPs approved site plans in operational condition or for any person to make, conduct, engage in or , including unauthorized discharges knowingly permit or suffer to exist any illegal discharge from approved land disturbing activities, to the City's storm drainage system or for any person to make, use, maintain or continue existence of any illicit connection to the City's storm drainage system may be subject to one (1) or more of the following actions: (1) Notice of violation. (2) Nuisance abatement in accordance with the procedures set forth in Chapter 1, Title VII of this Code, except that the Director of the stormwater utility enterprise is hereby granted concurrent authority with the Health Officer to issue any orders, take action and perform abatements pursuant to said Chapter. (3) Issuance of summons and complaint. (4) The enforcement remedies set forth in this Subsection and Chapter are expressly declared to be cumulative, and the exercise of any one (1) or more of them is not dependent upon the exercise of any other remedy, nor does the exercise of any one (1) or more of them constitute any bar or limitation to the exercise of any other. \[ (d) No owner of real property being developed through which a natural drainage way flows as shown on the master drainage plan shall obtain a building permit to develop the real property, unless the owner first grants to the City at no charge a permanent easement to construct, maintain, repair and reconstruct the stormwater drainage \] channel along the drainage way. \[\] (d) and permanent (e) Upon the completion of the design of all detention facilities stormwater quality BMPs , the developer will submit documentation outlining the terms of facility maintenance certified as accurate by a licensed qualified engineer who shall ensure proper working order of the facility and maintenance access. This documentation will be included in the drainage report and incorporated in a maintenance agreement, if appropriate. The proposed maintenance program for the facilities shall be structured as follows: and permanent stormwater quality BMPs (1) Detention facilities serving solely commercial or industrial sites will be privately owned and maintained. If these facilities are maintained to the standards outlined by the maintenance agreement, the property will qualify for a reduction in stormwater utility service charges pursuant to Paragraph 16-12-6(a)(2). and permanent stormwater quality BMPs (2) Detention facilities serving residential lots will be maintained by the homeowners' association (HOA) when an established HOA operates and/or maintains common interest. If these facilities are maintained to the standards outlined by the maintenance agreement, \[\] qualify the property will quality for a reduction in stormwater utility service charges pursuant to Paragraph 16-12-6(a)(2). and permanent stormwater quality BMPs (3) Detention facilities serving residential lots when an HOA does not exist to operate and/or maintain common interests will be maintained by the City, and reduction in stormwater utility service charges will not be given. designed (4) Existing noncommercial/industrial detention facilities with or without permanent stormwater quality BMPs serving residential development under private ownership will be accepted by the City if the facility is in proper working order and qualifies under the required maintenance standards and maintenance access. Reduction in stormwater utility service charges will not be given. (5) The City will encourage joint use and regional facilities which will be maintained by the Parks Department, with the stormwater utility paying a prorated share of maintenance costs. and permanent stormwater quality BMPs (6) Detention facilities implemented during construction will be maintained by the developer until proper working order is established and approved by the City. In the case of phased development or construction, the developer will be responsible for sediment removal until eighty percent (80%) of the last phase of the development or construction is complete. detention and (7) The City has the authority to inspect all facilities permanent stormwater quality BMPs to ensure proper maintenance is being Information collected during an inspection may be used to implemented. support requirements for the owner to complete routine or functional maintenance necessary to continue reduction in stormwater utility service charges pursuant to Section 16-12-6. Failure to perform maintenance required following an inspection may be enforced in accordance with this Subsection (e) above. SECTION 6. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of the Ordinance to effectuate the policies and procedures described herein. SECTION 7. This Ordinance shall become effective thirty (30) days after the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City council on September 9, 2019 . Final adoption of Ordinance by City Council on September 23, 2019 . President of City Council Action by the Mayor: ☒ Approved on September 26, 2019 . □ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor : □ Council did not act to override the Mayor’s veto. □ Ordinance re-adopted on a vote of , on □ Council action on failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-13 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: September 9, 2019 TO: President Dennis E. Flores and Members of City Council CC : Mayor Nicholas A. Gradisar VIA: Brenda Armijo, City Clerk FROM: , Jeff HawkinsDirector of Stormwater SUBJECT: AN ORDINANCE AMENDING CHAPTER 5 OF TITLE VII, CHAPTERS 4 AND 6 OF TITLE XII, AND CHAPTER 12 OF TITLE XVI OF THE PUEBLO MUNICIPAL CODE RELATING TO NEEDED AMENDMENTS TO MEET THE MINIMUM REQUIREMENTS OF THE MS4 PERMIT SUMMARY: This ordinance amends the Pueblo Municipal Code to conform to the City of Pueblo Municipal Separate Storm Sewer Systems (MS4) permit requirements. More specifically, the ordinance amends stormwater sections of the code regarding illegal discharges, excavations, permanent stormwater quality best management practices (BMPs), definitions, applicability, exclusions, base-design standards, easements, site plans, maintenance, and enforcement. PREVIOUS COUNCIL ACTION: On December 26, 2012, Council passed ordinance 08557, amending Chapter 12 of Title XVI to conform to the MS4 permit requirements. BACKGROUND: The City of Pueblo has had an MS4 Permit with the Colorado Department of Public Health & Environment since 2003. This permit regulates stormwater runoff within the city limits of Pueblo and authorizes the discharge into the state waters. In April 2016, a new MS4 permit was issued to the City that contains numerous revisions from the previous permit. In 2018, the Stormwater Utility hired a consultant to review Stormwater’s MS4 program and determined that code changes were necessary for maintaining compliance with the MS4 permit and its new requirements. FINANCIAL IMPLICATIONS: The revision of the ordinance would have no impact on the overall budget of the Stormwater Utility. BOARD/COMMISSION RECOMMENDATION: N/A STAKEHOLDER PROCESS: N/A ALTERNATIVES: A no-action alternative would leave the City vulnerable for non-compliance issues with State water quality regulations. RECOMMENDATION: Approval of Ordinance Attachments: None