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HomeMy WebLinkAboutordinance.council.013-10ORDINANCE NO. / Series of 2010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE ASPEN MUNICIPAL CODE BY ADDING A NEW TITLE 28 CODE REGARDING STORMWATER. WHEREAS, Title 28 establishes stormwater management policies to provide reasonable guidance for the regulation of stormwater runoff for the purpose of minimizing damage to public and private property and infrastructure and protecting and enhancing local water resources, and WHEREAS, the Urban Runoff Management Plan was developed as the guidance manual for stormwater management on developing and redeveloping lots in the City of Aspen in August, 1973, and WHEREAS, Section 26.580.020.B.6.a of the City of Aspen Municipal Code states that "the drainage plan for the proposed subdivision shall comply with the criteria in the City's "Urban Runoff Management Plan," and WHEREAS, the Urban Runoff Management Plan was updated in 2009 by staff and consultants, with input from a Technical Advisory Group comprised of local interested parties, to provide stormwater design guidance that reflects more recent science and data, that provides a more efficient development review process, and that assists in meeting the goals of the Clean River Initiative. WHEREAS, Title 28 adopts the updated Urban Runoff Management Plan as the design criteria and guiding document for stormwater management for construction and development activities within the City of Aspen. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1. That the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding a new title, Title 28, Stormwater and Mudflow, which said Title shall read as follows: TITLE 28. STORMWATER AND MUDFLOW Chapter 28.01 INTRODUCTION Sec. 28.01.010 Introduction It is hereby determined that: Construction and development activities, and their associated changes to land cover, alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, which in turn increase flooding, stream channel erosion, and sediment transport and deposition; Construction and development activities also contribute to increased nonpoint source pollution and degradation of receiving waters; The impacts ofdevelopment-related stormwater runoff quantity and quality can adversely affect public safety, public and private property, drinking water supplies, recreation, fish and other aquatic life, property values and other uses of lands and waters; These adverse impacts can be controlled and minimized through the regulation of stormwater runoff quantity and quality from new development and redevelopment, by the use of both structural facilities as well as nonstructural measures; Localities in the State of Colorado are required to comply with a number of both State and Federal laws, regulations and permits which require a locality to address the impacts of stormwater runoff quality and nonpoint source pollution these include the Federal Water Pollution Control Act, the Federal Water Quality Act, and the Colorado State Water Quality Standards; Therefore, the City of Aspen establishes this set of stormwater management policies to provide reasonable guidance for the regulation of stormwater runoff for the purpose of protecting local water resources from degradation. It is determined that the regulation of stormwater runoff discharges from construction and development activities and other construction activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will prevent threats to public health and safety. Sec. 28.01.020 Purpose The purpose of this Title is to protect, maintain and enhance the health, safety, and welfare of the watersheds and public residing in watersheds within this jurisdiction by establishing minimum requirements and procedures to control the adverse effects mudflow and of increased effects ofpost-development stormwater runoff and nonpoint source pollution associated with new development and redevelopment. It has been determined that proper management of stormwater runoff and mudflow will minimize damage to public and private property and infrastructure, safeguazd the public health, safety, environment and general welfaze of the public, and protect water and aquatic resources. This Title seeks to meet that purpose through the following objectives: (1) Minimize increases in stormwater runoff from any development in order to reduce flooding, erosion, non-point source pollution and increases in stream temperature, and maintain the integrity of stream channels and aquatic habitats; (2) Minimize increases in nonpoint source pollution caused by stormwater runoff from development which would otherwise degrade local water quality; (3) Minimize the total annual volume of surface water runoff which flows from any specific site during and following development to not exceed the pre-development hydrologic regime to the maximum extent practicable; and (4) Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management controls and to ensure that these management controls aze properly maintained and pose no threat to public safety. (5) Minimize the impact of a mudflow event to the maximum extent practicable. Sec. 28.01.030 Applicability This Title shall be applicable to all construction or development activity, including but not limited to subdivision, building permit, or site plan applications, unless eligible for an exemption or granted a waiver by the City of Aspen. The Title also applies to construction or development activities that aze smaller than the minimum applicability criteria if such activities are part of a larger common plan of development that meets the following applicability criteria, even though multiple sepazate and distinct construction or development activities may take place at different times on different schedules. In addition, all plans must also be reviewed by City staff to ensure that stormwater management measures and controls will be maintained during and after development of the site. Sec.28.01.040 Compatibility with Other Permit and Code Requirements This Title is not intended to interfere with, abrogate, or annul any other municipal code, rule or regulation, stature, or other provision of law. The requirements of this Title should be considered minimum requirements, and where any provision of this Title imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions aze more restrictive or impose higher protective standazds for human health or the environment shall be considered to take precedence. Chapter 28.02 STORMWATER AND MUDFLOW DESIGN MANUAL Sec. 28.02.010. Adoption of Urban Runoff Management Plan. Pursuant to the powers and authority conferred by the Charter of the City, there is hereby adopted and incorporated herein by reference as if fully set forth those regulations contained in the Urban Runoff Management Plan (Manual), as maybe amended from time to time by the City Engineer. At least one (1) copy of the aforementioned Manual shall be available for public inspection at the Community Development Department and Engineering Department. Sec. 28.02.020. Use of Urban Runoff Management Plan The City of Aspen shall use the policies, criteria and information including specifications and standards in the latest edition of the Urban Runoff Management Plan (Manual) for the proper implementation of the requirements of this Title. The Manual may be updated and expanded periodically, based on improvements in science, engineering, monitoring, and local maintenance experience. The Manual shall include a list of acceptable stormwater treatment practices, including the specific design criteria for each stormwater practice. The Manual also includes criteria for managing mudflows. The Manual may be updated and expanded from time to time, at the discretion of the local review authority, based on improvements in engineering, science, monitoring and local maintenance experience. Stormwater treatment practices that are designed and constructed in accordance with these design and sizing criteria shall be presumed to meet the minimum water quality performance standazds. Sec. 28.02.030. Applicability. The Urban Runoff Management Plan, as adopted pursuant to Section 28.02.010, shall apply to all construction, development or redevelopment activity within the City; provided, however, that the City Engineer may waive one (1) or more specific provisions of the Urban Runoff Management Plan. Requests for waivers and any waivers granted by the City Engineers shall be in writing. Section 2. That Section 26.580.020(3)(6)(x) of the Aspen Municipal Code is hereby amended to read as follows: a. Drainage Plan. The drainage plan for the proposed subdivision shall comply with the criteria in the City's "Urban Runoff Management Plan" set forth in Title 28. Section 3. This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. ~ ~~~ 28l a A public hearing on the ordinance shall be held on the ~ day of in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as ovided by law, by the City Council of the City of Aspen on the ~ day of i~ d ~/~ `~!~ G ZS, Michael C. Ireland, Mayor ~ Attes Kathryn S. ch, City Clerk FINALLY, adopted, passed and approved, this ~ day of~/~~ Michael C. Ireland, Mayor Atte thryn S. Ko ,City Clerk r PUBLIC NOTICE ORSINAs Ol 13 AN ORDINANCE CIF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE ASPEN MUNICIPAL CODE BY ADDING A NEW TITLE 28 CODE REGARDING STORMWATER. WHEREAS Title 28 establishes stormwater management policies to provide reasonable guidance for the regulation of stormwater runoff for the purpose of minimizing damage to public and private properly and Infrastructure and protecting and enhancing local wafer resources, and WHEREAS the e Urban R tW$ 1973 Management Plan was developed as the guidance manual for stormwater management on developing and redeveloping lots in WHEREAS Section 26 .580.020.8.6.a of the City of Aspen Municipal Code stales that "the drainage plan for the criteria in the City's "Urban Runoff Management Plan," and proposed subdivision shall comply with the WHEREAS the Urban Runoff Management Plan was updated In 2009 by staff and consultants. with input from a Technical Advisory Group comprised of lo- cal cess, l and s that assists n meeting the goals of stormwater Clean River In tia( valects more recent science and data. that provides a moo efficient development review pro- WHERE'S Title 28 adopts the updated Urban Runoff Management Plan as the design criteria and guiding document for stormwater management for con- struction and d evelopment activities within the City of Aspen. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1. That the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding a new title. Title 28, Stormwater and Mudflow, which said Title shall read as follows TITLE 28. STORMWATER AND MUDFLOW Chapter 28.01 Sec. 28.01.010 Introduction INTRODUCTION It is hereby determined that. Construction and development activities. and their associated changes m land cover, alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, which in turn Increase flooding, stream channel erosion, and sediment Transport and deposition; Construction and development activities also contribute to increased nonpoint source pollution and degradation of receiving waters: The impacts of development - related stormwater runoff quantity and quality can adversely affect public safety, public and private properly, drinking water supplies, recreation, fish and other aquatic life, property values and other uses of lands and waters; These adverse impacts can be controlled and minimized through the regulation of stormwater runoff quantity and quality from new development and redevelop- ment, by the use of both structural facilities as well as nonstructural measures; Localities in the State of Colorado are required to comply with a number of both State and Federal laws, regulations and permits which re address the impactsafotState runoff r uaoff qualddtl nonpoint source pollution these include the Federal Water Pollution ControlAct, the Federal WaterOual- Id Act. and the Colorado f s Stale Water Quality and require a locality Q u Therefore, the City of Aspen establishes this set of stormwater management policies to provide reasonable guidance for the regulation of stormwater runoff for the purpose of protecting local water resources from degradation. It is determined that the regulation of stormwater runoff discharges from construction and development activities and other construction activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will prevent threats to public health and safety. Sec. 28.01.020 Purpose The purpose of This Title is to protect, maintain and enhance the health, safety, and welfare of the watersheds and public residing in watersheds within this jurisdiction by establishing minimum requirements and gg stormwater runoff and nonpoint source pollution associated withunewldevelopment of nd re a ve nt. It w and on determined et of post-development m ana elo stormwater runoff and mudtlow will minimize damage to public and private y dntlstrucpeaf has the public tic h heeaallth, that safety. Omen - eral welfare of the public, and protect water and aquatic resources. properly and infrastructure, , safeguard tblic th, etyPenvironmeni geof This Title seeks to meet that purpose through the following objectives. (1) Minimize increases in stormwater runoff from any development In order to reduce flooding, temperature, and maintain the integrity of stream channels and aquatic habitats; (2) Minimize increases in non t w hi ch nonpoint otherwise prud to and w itergases,n stream point source e o pollution water caused by o whit h flws runoff from development which would and g degrade ve local water n e x (3) v e t o mien the total annual volume of solace water act le: which flows tom any specific site during antl following development to not exceed the pre-development hydrologic regime to the maximum extent practicable', and (4) Reduce stormwater runoff rates and volumes, sail erosion and nonpoint source pollution, wherever to ensure that these management controls are properly maintained and pose no threat to public safety. (5) Minimize the Impact of a mudfiow event to the maximum extent practicable possible, through stormwater management controls and Sec. 28.01030 Applicability This Title shall be applicable to all construction or development activity, i ncluding but not limited to subdivision, building permit o site plan applications, unless eligible to exemption o granted a waiver by the City of Asp The Title also apples to construction or development m imum applcab ty criteria item f such activities are part of a larger common plan of development that meets the following applcab 11 lena, even though multiple than the separate and distinct construction Or development activities may take place at different times on different schedules. In addit ion, all ll plans a must also be by City staff to ensure that stormwater management measures and controls will be maintained during and after development of the site, Sec.28.01.040 Compatibility with Other Permit and Code Requirements This Title is not intended l0 interfere with, abrogate, or annul any other municipal code, rule or regulation, stature, or other provision of law. The requirements of this Title should be considered minimum requirements, and where any provision of This Title imposes restrictions different from those imposed b an ordinance, rule o shall considered re Cl a ude or other provision 01 t of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment s ancenr e Oe or take a other • STORMWATER AND UDFLOW DESIGN MANUAL Sec. 28.02.010. Adoption of Urban Runoff Management Plan. Pursuant to the powers and authority conferred by the Charter of the City. there is hereby adopted and incorporated herein by reference as if fully set forth those • regulations contained in the Urban Runoff Management Plan (Manual), as may be amended from time to time by the City Engineer. Al least one 1 co aforementioned Manual shall be available for public inspection at the Community Development Department and En Sec. 28.02,020. Use of Urban Runoff Management Plan gineering Department O copy of the The City of Aspen shall use the policies, criteria and information including specifications and standards in the latest edition of the Urban Runoff Management Plan (Manual) for the proper implementation of the requirements of this Title. The Manual may be updated and expanded periodically, based on improvements in science, engineering monitoring, and local maintenance experience. The Manual shall Include a list of acceptable stormwater treatment practices, including the specific design criteria for each stormwater practice. The Manual also includes criteria for managing mudfiows. The Manual may be updated and expanded from time to time, at the discretion of the local review authority, based on improvements engineering, science, monitoring and local maintenance experience. Stormwater treatment - that are designed and constructed in • ent _ M accordance with These design and sizing criteria shall be presumed to meet the minimum water quality performance standards. Sec. 28.02.030. Applfcabillty. ny, The Urban Runoff Management Plan, as adopted pursuant to Section 28.02.01Q shall apply to all construction, development or redevelopment activity waivers i gr byr, that the City shat may waive one (1) or more specific provisions of the Urban Runoff Management Plan. Requests for waivers and granted noed ve the t City Engineers shall be in wivieg. Y within the Section 2. That Section 26 . 580 .020(3)(6)(a) of the Aspen Municipal Code is hereby amended to read as follows: a. Drainage Plan. The drainage plan for the proposed subdivision shall comply with the criteria in the City's "Urban Runoff Management Plan" set forth in Title 28. x)ion 3. This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceedin g now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for an jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the emuain'ingl in ti court of competent A public hearing on the ordinance shall be held on the ltd day of June, 2010, in the City Council Chambers, Aspen City Hall, Aspen, Colo adons thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 2411 day of May, 2010 Attest: /s/ Kathryn S. Koch, Cfry_Clerk_ /s/Michael C. Ireland Moor FINALLY, adopted, passed and approved this _ day of _ Attest'. Is/ Michael C. Ireland, ater /s/Kathryn S. KocP Ci y Clerk Published in the Aspen Times Weekly on May 30, 2010. 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