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.
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,, 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.
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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
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stormwater quality criteria and standards.
Adequate provisions for stormwater
drainage shall be provided in accordance with standards specified by the City
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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