§ 30-226. Applicability of permit.

(a)

Grading permit.

(1)

Required. It shall be unlawful for any person to conduct any activity resulting in the following total disturbed area without first obtaining a permit:

a.

One acre or more.

b.

Less than one acre if such activities are part of a larger common plan of development, even though multiple, separate and distinct land development activities may take place at different times on different schedules.

c.

The city may also require a grading permit regardless of the size of the total disturbed area in conjunction with approval of a final subdivision plat, special use permit, or site development plan, or if the construction activities are adjacent to a watercourse or wetlands.

(2)

Issuance by the city does not exempt the parties from obtaining any necessary permits required by the state or the federal government.

(3)

Application. A separate application shall be required for each grading permit, along with plans, specifications, and timing schedules for all earth disturbance. The plans shall be prepared under the supervision of a professional engineer licensed in the state experienced in soil erosion and sedimentation control methods and techniques.

(4)

Applications for grading permits shall be filed on a form prescribed by the city.

a.

In support of the application, the applicant shall submit all information required on the city's form and any additional information requested by the city.

b.

The application shall be signed by the person or persons responsible for compliance with the permit throughout the permit's validity.

c.

The application shall include documentation of an application for a CDPHE stormwater general permit for construction activities, if applicable.

(5)

Fees. All applications for a grading permit shall include an application fee as set by city council in accordance with section 1-16 of the Code. At the time of filing an application for a grading permit, a nonrefundable fee shall be paid to the city. And additional nonrefundable fee based on the site area involved will be charged for plan review and site inspections (with a minimum fee for such review and inspection).

(6)

Application data required. At a minimum, the applicant shall submit the following information:

a.

Identification of the person responsible for compliance with the permit, including such person's address and telephone number;

b.

Location of the project;

c.

A statement of duration of the project/permit;

d.

Requirements for, and locations of, the installation, operation, and maintenance of stormwater best management practices, including a schedule of installation and removal, where appropriate;

e.

Payment of a performance bond in an amount determined by the city; and

f.

Other conditions as deemed reasonably appropriate by the city to ensure compliance with this article.

(b)

Exemptions. The following activities are exempt from this article:

(1)

Agricultural land management activities except point source discharges subject to NPDES or CDPS permitting requirements.

(2)

Construction activities taking place on land under the authority of a non-standard MS4 Permit holder.

(3)

The discharge is from a parcel or area that is not under the jurisdictional authority of the city.

(c)

Permit approval required. Construction activities may not proceed until permit approval is received from the city.

(d)

Permit issuance/denial. The city shall within 30 working days of its receipt of a completed grading permit application either issue or deny a permit. The permit may be denied if the applicant fails to provide the information required by this section. If a permit is denied, the applicant shall be notified, in writing, of the grounds for denial and of the corrective actions that must be taken to obtain a permit. An applicant may appeal the denial in writing to the city manager no later than 30 calendar days from the date of issuance of denial. The appeal must set forth the grounds for the appeal and include any documents in support of the applicant's appeal. The city manager shall within 30 calendar days of receipt of an appeal rule on the matter based solely upon review of the application, denial, appeal, and all documents related thereto. The parties shall receive written notice of the city manager's decision.

(Ord. No. 11-04, § 1, 5-3-2011; Ord. No. 12-12, § 8, 11-20-2012; Ord. No. 18-04, § 5, 4-3-2018)