Document Brighton_doc_8462f8d08c

14-1 CHAPTER 14 Storm Drainage Article 14-2 Stormwater Management Program Sec. 14-2-10 Short title, authority and application Sec. 14-2-20 Purpose and intent Sec. 14-2-30 Definitions Sec. 14-2-40 Responsibility for administration Sec. 14-2-50 Erosion and sediment control permit requirements Sec. 14-2-60 Exceptions Sec. 14-2-70 Erosion and sediment control permit application procedures Sec. 14-2-80 Financial guarantee required Sec. 14-2-90 Construction and maintenance requirements Sec. 14-2-100 City inspections; costs of remediation Sec. 14-2-110 Remedies for noncompliance; violations and penalties Sec. 14-2-120 Appeals Article 14-4 Grading Regulations Division 1 Generally Sec. 14-4-110 Purpose Sec. 14-4-120 Definitions Sec. 14-4-130 Responsibility for administration Sec. 14-4-140 Grading permit required Sec. 14-4-150 Exemptions Sec. 14-4-160 Grading permit Sec. 14-4-170 Water obstruction Sec. 14-4-180 Hazards Division 2 Procedures Sec. 14-4-210 Filing Sec. 14-4-220 Permit conditions Sec. 14-4-230 Permission of other agencies or owners Sec. 14-4-240 Time limits Sec. 14-4-250 Validity Division 3 Plans and Specifications Sec. 14-4-310 Application Sec. 14-4-320 Approved plans; modification Division 4 Permit Requirements Sec. 14-4-410 General Sec. 14-4-420 Fees Sec. 14-4-430 Responsibilities of permittee Division 5 Enforcement Sec. 14-4-510 Suspension or revocation of permit Sec. 14-4-520 Appeals Sec. 14-4-530 Compliance required Sec. 14-4-540 Corrective work; enforcement and violations Article 14-6 Storm Sewer Usage Sec. 14-6-10 Purpose/intent Sec. 14-6-20 Definitions Sec. 14-6-30 Applicability Sec. 14-6-40 Responsibility for administration ---PAGE BREAK--- 14-2 Sec. 14-6-50 Ultimate responsibility Sec. 14-6-60 Discharge prohibitions Sec. 14-6-70 Suspension of MS4 access Sec. 14-6-80 Industrial or construction activity discharges Sec. 14-6-90 Monitoring of discharges Sec. 14-6-100 Requirement to prevent, control and reduce stormwater pollutants by use of BMPs Sec. 14-6-110 Watercourse protection Sec. 14-6-120 Notification of spills Sec. 14-6-130 Enforcement Sec. 14-6-140 Appeal Article 14-8 Post-Construction Stormwater Management Sec. 14-8-10 Purpose Sec. 14-8-20 Compatibility with other ordinances Sec. 14-8-30 Definitions Sec. 14-8-40 Ultimate responsibility Sec. 14-8-50 Applicability Sec. 14-8-60 General technical standards and specifications Sec. 14-8-70 Post-construction stormwater management requirements Sec. 14-8-80 Right of entry; City inspections and sampling Sec. 14-8-90 Remediation Sec. 14-8-100 Remedies for noncompliance; violations; penalties Sec. 14-8-110 Appeal Sec. 14-8-120 Action without prior notice ---PAGE BREAK--- 14-3 ARTICLE 14-2 Stormwater Management Program Sec. 14-2-10. Short title, authority and application. This Article shall be known and may be cited as the Stormwater Management Ordinance. The City Council has the authority to adopt and enact the ordinance codified herein pursuant to the Colorado Constitution, the Charter of the City and the Colorado Revised Statutes. This Article shall apply to all lands situated within the inco rporated boundaries of the City . (Ord. 1905 2006; Ord. 2114 2011) Sec. 14-2-20. Purpose and intent. The City Council finds, determines and declares that it is necessary to provide for, and proper to reasonably regulate, stormwater facilities for the proper drainage and control of flood and surface waters within the City, including lands to be subdivided and/or developed, in order that storm and surface waters may be properly drained and controlled, pollution may be reduced, the environment may be protected and enhanced and the health, safety, property and welfare of landowners and inhabitants within the City may be safeguarded and protected. It is the objective and intent of the City Council to make the most efficient use of its powers by implementing and performing, or causing to be implemented and performed, the following stormwater management programs within the City: Public education and outreach. Public participation and involvement. Illicit discharge detection and elimination. Construction site stormwater runoff control. Post-construction stormwater management. Pollution prevention and good housekeeping for municipal operations. It is further the purpose and intent of this Article to promote the public health, safety and welfare without preventing the reasonable development of lands within the City; to encourage quality site development on public and private property, including clearing, excavation and filling in such a manner as will minimize hazard to l ife, health and property; to preserve and enhance the City ' s physical and aesthetic character by prev enting untimely, indiscriminate or unnecessary removal or destruction of trees and groundcover; to minimize and properly manage surface water runoff that may contribute to uncontrolled diversion or flooding; to reduce siltation in the City ' s streams, rivers , lakes, storm drainage systems and public roadside improvements; to reduce the risk of landslides, erosion and unstable building sites; and to e nsure prompt development, restoration, replanting and effective erosion control of lands after clearing and grading. (Ord. 1905 2006; Ord. 2114 2011) ---PAGE BREAK--- 14-4 Sec. 14-2-30. Definitions. All defini tions contained in this Chapter are hereby adopted and made applicable to this Article, and in addition thereto, the definitions stated herein shall apply except where the context clearly indicates a different meaning: Applicant means a landowner, builder or developer, or agent thereof, who has filed an application for the subdivision or development of lands within the City and/or an application for an erosion and sediment control (ESC) permit, and may be referred to as the permittee. Best Management Practices ( or BMPs) means the customary and accepted practices and activities designed to prevent or reduce the pollution of waters and minimize the impacts of development through the use of nonstructural and structural devices, including prevention activities, treatment requirements, operating procedures, maintenance practices and educational programs, such as are customarily implemented before, during and after pollution-producing activities, that are intended to reduce or eliminate the introduction of pollutants into receiving waters . Most structural BMPs are designed to manage and/or treat stormwater runoff before it reaches a waterway, pond or lake . Examples of s tructural BMPs include, but are not limited to, silt fence, inlet protection, sediment basins, etc. Builder means a person who undertakes construction activities or other development upon lands within the City, and may be referred to as the permittee. Compliance order means an administrative order issued by the Director directing a person subject to this Article to comply with the provisions of this Article or a permit issued hereunder . Such order may include a compliance schedule involving specific actions to be completed by the applicant or permittee within a specific follow-up inspection time period. Compliance schedule means an enforceable schedule included in the compliance order s pecifying a date or dates by which the Director must re inspect to ensure compliance with a pretreatment standard, requirement, prohibition or limitation. Construction activities means any groun d surface disturbing activities which include, but are not limited to, clearing, grading, excavation, demolition, installation of new or improved haul roads and access roads, staging area s, stockpiling of fill material and borrow areas . Construction a ctivities does not include routine maintenance to maintain original lin e and grade, hydraulic capacity or original purpose of the facility. Construction site operator means a person who has been designated by the applicant, builder, developer or permittee to properly oversee BMPs and who is responsible for ensuring that the structural integrity of such BMPs are constructed and maintained pursuant to this Article, and that such structures otherwise perform as designed and as required by this Article. Department means the Utilities Department, unless otherwise specified. Developer means a person who undertakes subdivision, development, construction or other land disturbance activity subject to this Article, and may be referred to as the applicant or permittee. ---PAGE BREAK--- 14-5 Development means any application for, or the undertaking of, any activity, excavation, grading, fill, alteration, subdivision, change in land use or construction that is planned, undertaken or requested which may affect the discharge of stormwater runoff upon lands within the City . The term development does not necessarily include the routine maintenance of existing stormwater runoff facilities. Director means the Director of the Utilities Department, unless otherwise specified. Disturbed area means any area of land surface disturbed by any work activity upon lands within the City, by means of grading, excavating, moving, removing or stockpiling soil, fill or other materia l, clearing, vegetation removal or removal or deposit of any rock, soil or other materials, including but not limited to other activity that exposes or disturbs soil . Disturbed area does not include routine maintenance to maintain original lin e and grade, hydraulic capacity or original purpose of the facility, residential gardening or the normal fanning, plowing or tillage of land that is zoned agricultural for agricultural purposes, or the normal farming or tillage of a parcel zoned PUD (planned unit development) within an area specifically identified for agricultural uses, nor does it include the performance of emergency work necessary to remedy or prevent an immediate threat to life, property or the environment . However, any persons performing such emergency work shall immediately notify the Department of the emergency situation and the actions taken in response to such emergency . The Department may in its reasonable discretion require such person s to obtain a grading permit and/or an erosion and sediment control (ESC) permit in order to implement such emergency remedial measures. Drainageway ( or waterway) means a permanent or intermittent stream, body of water or structure, either natural or man-made, which gathers, carries or receives stormwater runoff or other surface water. Erosion and sediment control permit ( or ESC permit) means the permit issued by the City after acceptance of the erosion and sediment control plan (ESCP) by the Director . The ESC permit does not replace or substitute neither the State of Colorado CDPS stormwater discharge permit, nor the Environmental Protection Agency (EPA) NPDES stormwater discharge permit. Erosion and sediment control plan ( or ESCP) is also referred to as Stormwater Management Plan (SWMP) by the State of Colorado or as Stormwater Pollution Prevention Plan for construction activities by the EPA, and means a detailed written plan specif y ing a design to minimize erosion and sediment runoff and water quality issues for a construction site or development from commencement of construction activities until final stabilization is completed . The ESCP shall : identify all potential sources of pollution which may reasonably be expected to affect the quality of stormwater discharges associated with construction activity from the site; describe the BMPs to be used to reduce the pollutants in stormwater discharges associated with construction activity at the site; and ensure that the BMP s are selected and described in accordance with good engineering p ractices, are properly prepared and are updated to ensure compliance with the terms and conditions of the State of Colorado CDPS stormwater construction permit. Final stabilization means when all ground surface disturbing activities at the construc tion site have been completed and uniform vegetative cover has been established with an individual plant density of at least seventy percent (70%) of predisturbance levels , or equivalent permanent, physical erosion reduction methods have been employed. ---PAGE BREAK--- 14-6 Landowner means the legal or beneficial owner of land, including those persons holding the right to purchase or lease such land, or any other person holding proprietary rights in the land. Larger common plan of development or sale means a site where multiple separate and distinct construction activities may be taking place at different times on different schedules, but still under a single plan . This includes phased projects, projects with multiple filings or lots, and projects in a contiguous area that may be unrelated but still under the same contract . If the project is part of a common plan of development or sale, the disturbed area of the entire plan must be used in determining permit requirements, and all portions of the project must be covered. Performance security means an irrevocable financial commitment, surety bond, letter of credit or cash deposit submitted to or for the benefit of the City, to ensure fulfillment of the provisions of this Article by a person subject to this Article. Permanent BMPs means those BMPs , including but not limited to a vegetated swale, wetland, pond or water quality structure, to be installed and regularly maintained at a site in order to ensure long-term water quality benefits. Person means any natural person or any firm, corporation, partnership, association, entity, legal representative, trustee, estate, limited liability company or any other entity subject to the terms and provisions of this Article. Receiving waters means a river, lake, stream, drainage ditch, wetland or other drainageway or waterway into which stormwater, wastewater or treated effluent is discharged or received. Stop work order means an order issued by the Director which requires that all construction activity on a site must be stopped immediately pending compliance with the provisions of this Article. Stormwater Discharge Permit (SDP) , also known as State of Colorado C D PS (Colorado Discharge Permit System) stormwater construction permit , means a permit issued to a landowner, developer, builder, applicant or permittee by the Colorado Department of Public Health and Environment (CDPHE), Water Quality Control Division, allowing such person to discharge stormwater runoff from a construction site pursuant to the requirements, restrictions and limitations of such SDP. Stormwater r unoff means that part of snowfall, rainfall or other precipitation which is not absorbed, transpired, evaporated or left in surface depressions, and which then flows controlled or uncontrolled into a drainageway, waterway or receiving waters. Temporary BMPs means those temporary BMPs , including but not limited to silt fence s, straw wattles, vehicle tracking pads, inlet protection, diversions, sediment basins and dewatering structures, to be installed and regularly maintained by the applicant or permittee until the site reaches final stabilization and permanent BMPs are established. Vegetative cover means grasses, shrubs, bushes, trees, ground cover and other plants . (Ord. 1905 2006; Ord. 2114 2011) ---PAGE BREAK--- 14-7 Sec. 14-2-40. Responsibility for administration. The Director shall administer, implement and enforce the provisions of this Article . Any powers granted or duties imposed upon the Department may be delegated in writing by the Director, with the consent of the City Manager, to other Departments and agencies of the City or contractors acting for and on behalf of the City. (Ord. 1905 2006; Ord. 2114 2011) Sec. 14-2-50. Erosion and sediment control permit requirements. Prior to commencement of any qualifying construction activity or land disturbance activity, according to S ubs ec tion (b ) below , the applicant, builder, landowner and/or developer, as the case may be, shall, at such person ' s expense, submit to the Department a detailed written erosion and sediment control plan (ESCP ) and such other documents as may be required by this Article and the ordinances and regulations of the City, for review by the Director . The ESCP shall comply, at a minimum, with the State of Colorado CDPS Stormwater Construction Permit requirements. The ESCP shall also be in conformity with this Article, the City ' s Standards and Specification Manual and the Urban Drainage and Flood Control District ' s Urban Storm Drainage Criteria Manual, Volume III . Such plan shall be accompanied by a completed application for an erosion and sediment control (ESC) permit, to be reviewed by the Director within a reasonable time for compliance with this Article. The ESC permit is required for any construction activity that disturbs at least one or more acres of land; or is part of a larger common plan of development or sale that will disturb at least one or more acres . It shall be unlawful for any person to commence or conduct construction activities, land disturbance activity or other development without first obtaining an erosion and sediment control (ESC) permit. (Ord. 1905 2006; Ord. 2114 2011) Sec. 14-2-60. Exceptions. No erosion and sediment control (ESC) permits shall be required for the following: Land zoned for and used for agriculture; Gravel, sand, dirt or topsoil removal as authorized pursuant to approval of the Colorado Mined Land Reclamation Board; Any construction activity waived or exempt of coverage under the State of Colorado CDPS Stormwater Construction Permit; Sites smaller than one acre which are not a part of a larger common plan of development or sale and which constitute an infill of an established older development within the City; Notwithstanding the foregoing exemptions in this Section, those operations and construction activities which are exempted from obtaining an ESC permit must nevertheless comply with the rules and regulations concerning erosion specified in this Article and other applicable provisions of this Code , and shall provide adequate stormwater pollution prevention controls to retain soil erosion on the subject construction site. (Ord. 1905 2006; Ord. 2114 2011) ---PAGE BREAK--- 14-8 Sec. 14-2-70. Erosion and sediment control permit application procedures. Persons required to obtain an erosion and sediment control (ESC) permit shall complete and file with the Department a written ESC permit application on a form prescribed by the Department . The applicant shall submit all information required on the Department ' s form and any additional information required by this Article, the Director or the other ordinanc es and regulations of the City . The application shall be signed by a person responsible for compliance with the permit throughout the duration of the permit's validity. The Director shall determine if the application is complete in accordance with the provisions of this Article . The applicant shall be notified within five working days of the submission of the application if the application is deemed incomplete and the requirements for completing the application. The ESC permit application shall be accompanied by fees and costs in amounts that shall be determined from time to time in the annual fee resolution adopted by the City Council. The Director shall, upon receipt of a completed ESC permit application, either authorize the issuance or denial of such permit within a reasonable time . If a permit is denied, the applicant shall be notified of the reasons for such denial in writing, which notification shall set forth the grounds for denial . An applicant may appeal any denial in writing to the Board of Adjustment as provided in Section 14-2- 120 of this Article. Erosion and sediment control (ESC) permit applications shall contain the following information, at a minimum: The requested duration of the permit; The location and size of the development; The ESCP, which is reviewed by the Director for completeness; Identification and contact information of the persons responsible for permit compliance throughout the duration of the permit's validity; Performance security in a form and substance acceptable to the City, which is only required for qualifying construction activities as set forth in S ubs ection s 14-2-50(a) and (b ) above , that would also apply for City grading, right-of-way and/or temporary use permits; A signed acknowledgment certif y ing that the applicant has received a copy of the City Stormwater Quality Enforcement Policy; Proof of coverage under the State Stormwater Discharge Permit (SDP); Signature of the applicant; and Other materials as deemed appropriate by the Director to ensure compliance with this Article. All erosion and sediment control (ESC) permits are issued for a period no longer than twelve (12) months, and solely for the specific applicant, location and size of the lands proposed for development in the application . Any ESC permit renewals o r modifications to the location or increase of size of ---PAGE BREAK--- 14-9 permitted lands must be pre approved in writing by the Director . Written application for the amendment of the permit shall be filed with the Department on a form prescribed by the Department . Permit amendments shall be processed in accordance with the procedures and requirements of this Article. Erosion and sediment control permits will not be approved prior to final approval of grading plans by the Director. (Ord. 1905 2006; Ord. 2114 2011) Sec. 14-2-80. Financial guarantee required. As a condition of the issuance of an erosion and sediment control (ESC ) permit, all ESC permittees who are also required to apply for grading, right - of - way or temporary use permit shall provide performance security in the form of cash, surety bond or irrevocable letter of credit for the benefit of the City . The amount of such performance security shall be based upon the estimated cost of the work required to ensure compliance with the permit ' s terms and conditions, and the requirements of this Arti cle and with Section 16-12-250 of this Code . The Director has the authority to waive the ESC permit ' s fees and/or the financial guarantee requirements . The Director shall provide written justification and documentation for all waivers granted. The performance security, less any deductions, shall be released and returned to the permittee upon the Director ' s determination that the permittee has successfully completed all required work and met all other requirements of this Article . The Director may consider release of a performance security at such time as the development, in whole or in part , is sold by the permittee , and responsibility for stormwater and erosion and sediment control is transferred to the new owner via a transfer form issued by the CDPHE and acceptable substitute performance security is provided by the new owner. Qualifying construction activities not requiring a grading, right - of - way or temporary use permit are not required to provide performance security for erosion and sediment control and stormwater quality; however the landowner, developer or permittee shall be financially responsible for the maintenance of best management practices for erosion and sediment control and stormwater quality , and the costs of all remedial measures as required in Subsection 14-2-100 in the event of noncompliance . (Ord. 1905 2006; Ord. 2114 2011) Sec. 14-2-90. Construction and maintenance requirements. All ESC permittees, including developers, builders and landowners, shall be responsible for ensuring that the BMPs identified in the erosion and sediment control plan (ESCP ) are properly constructed, installed and maintained in good working order as provided in this Article, the ESC permit application and materials submitted in support thereof, the ESCP and the ESC permit . If the Director determines that the accepted ESCP is inadequate, modifications to correct the deficiencies must be made by the ESC permittee . The ESC permittee must revise the ESCP as construction proceeds, to accurately reflect the conditions and practices at the site . If major changes to the ESCP are needed related to hydrology, then the ESCP must be resubmitted to the Director . If minor chan ges , such as, but not limited to , BMP substitutions , are needed after initial submittal to the City, then those types of changes can be made directly at the site by the ESC permittee, upon notification to the Director. Developers shall be responsible for ensuring that the following requirements are met and completed to the satisfaction of the Direc tor throughout construction and prior to the release of the performance security: ---PAGE BREAK--- 14-10 All temporary and/or permanent BMPs installed as part of an accepted ESCP shall be properly maintained in good working order; The site shall be fully developed and stabilized pursuant to the ESCP and/or other written requirements of the Director; Any deficiencies noted by the Director shall be corrected; All temporary BMPs installed as part of the ESCP shall be removed after work on site has been completed, final stabilization has been reached and measures are no longer needed; If individual lots, parcels or areas are sold, transferred or conveyed, the stormwater runoff quality requirements of the ESCP, and other written requirements of the Director pertaining to such individual lo ts, parcels or areas , shall be disclosed to subsequent purchasers, transferees or new landowners at or before the time of closing of the sale, transfer or conveyance; and All BMPs shall be inspected by the permittee following the State 's C D PS Stormwater Construction Permit inspection frequency requirements . A record of all inspections shall be retained on site according to the State's permit requirement and provided to the Director upon request. Builders shall be responsible for ensuring throughout construction that: All temporary and/or permanent BMPs installed prior to the builder ' s purchase of lots from a landowner or developer as part of an ESCP have been properly maintained and remain in good working order as of the time of closing of the sale or date of transfer or conveyance. If not installed prior to the builder ' s purchase of individual lots , all temporary and/or perm anent BMPs required by the ESCP or other writt en requirements of the Director shall be installed by the builder immediately upon notice from the Director and maintained until final stabilization is reached; or installed and maintained until the time of sale, transfer or conveyance to any su bsequent purchaser or landowner. If individual lots, parcels or areas ar e sold, transferred or conveyed by the builder to a subsequent purchaser, transferee or entity, the stormwater runoff q uality requirements of the ESCP and other written requirements of the Director applicable to individual lots, parcels or particular areas shall be disclosed to subsequent purchasers, transferees or new landowners at or before the closing of the sale, transfer or conveyance. Any deficiencies noted by the Director shall be corrected. All temporary BMPs installed as part of the ESCP shall be removed after work on the site has been completed, final stabilization has been reached and measures are no longer needed. All BMPs shall be inspected by the ES C permittee following the State's CDPS Stormwater Construction Permit inspection frequency requirements . A record of all inspections shall be retained on site according to the State's permit requirement and provided to the Director upon request. Landowners shall be responsible for ensuring that: ---PAGE BREAK--- 14-11 Any temporary and/or permanent BMPs installed prior to purchase of a lot, parcel or site from a developer, previous landowner and/or builder as part of the implementation of an ESCP are properly maintained and remain in good working order. If not installed prior to individual lot acquis ition by any person, individual or entity, all temporary and/or permanent BMPs required by the ESCP or other written requirements of the Director shall be installed by the landowner immediately and maintained until final stabilization is reached. All temporary BMPs shall be removed after work on the site has been completed, final stabilization has been reached and measures are no longer needed . (Ord. 1905 2006 ; Ord. 2114 2011) Sec. 14-2-100. City inspections; costs of remediation. The Director shall enforce the require ments of this Article and , in the course of carrying out such duties , shall have the authority to enter upon permitted lands and adjacent and abutting lands for inspection purposes as provided in Article 1-20 of this Code. If the Director determines that erosion or other activity has caused a disturbed area, the Director may, in writing, direct the landowner, developer, builder, permittee or such person ' s agents or representatives, as the case may be, to repair, replace and/or install any sediment control or erosion control facilities that were required for the site in the ESCP, or require that additional sediment and/or erosion controls be installed if deemed necessary by the Director, in order to minimize said sediment from migrating off-site . The Director shall have authority to issue stop work orders or such other administrative orders as are necessary and appropriate under the circumstances, including the suspension or revocation of any permit . It shall be unlawful for any landowner, developer, builder, permittee or other responsible person to fail to undertake all reasonable and necessary measures to comply with such written directives and to prevent sediment from migrating off-site. If a permittee hereunder does not diligently and faithfully complete all work required by the ESCP, or otherwise violates any requirement of the ESCP or this Article, then the Director may take reasonable and necessary corrective measures and charge the reasonable cost and expenses of such measures to the permittee . Such costs may include the actual cost of any work deemed necessary by the Director in order to obtain or maintain permit compliance, plus reasonable administrative and inspection costs pursuant to the Brighton Stormwater Quality Enforcement Policy . If the total of such costs exceeds the amount of the permittee ' s performance security, the permittee shall be individually, jointly and severally responsible for payment of any remaining balance within thirty (30) calendar days of receipt of a reasonably detailed written accounting and invoice from the City. If any landowner, developer, builder, permittee or other responsible person fails to adequately maintain the permanent stormwater runoff quality control measures required by the ESCP or other written requirements of the Director, or fails to remove and remediate any temporary measures, the Director may, after notif y ing such person of the required maintenance and/or removal, and such person ' s failure to perform such maintenance and/or removal within ten ( 10) business days thereafter, enter upon the property and perform or cause to be performed the required work and assess the reasonable costs and expenses of such work against such person, as provided in Article 1-20 of this Code. ---PAGE BREAK--- 14-12 At such time as any assessment for work performed by the City as provided herein has not been paid by the landowner, developer, builder, permittee or other responsible person, the Finance Director shall certify said amount in default, together with full information as to the dates of delinquency, to the appropriate county treasurer for collection in the same manner and with the same interes t and penalties thereon as other taxes collected by the county treasurer on behalf of the City; and all of the laws of the State for the assessment and collection of general taxes, including the laws for the sale of property for taxes and redemption therefrom, shall be applicable to and shall have the same effect with respect to the collection of such delinquent amounts. All unpaid costs of remediation shall be a lien on the property and enforced as more fully provided in Section 13-4-110 of this Code. (Ord. 1905 2006; Ord. 2114 2011) Sec. 14-2-110. Remedies for noncompliance; violations and penalties. Verbal or written warnings . Whenever the Director communicates orally or by written notice to the landowner, developer, builder, permittee or other responsible person, advising the same of a noncompliance event and directing immediate resolution of the same, the landowner, developer, builder, permittee and/or other responsible person shall immediately perform the remedial action required by the Director. Compliance orders . Whenever the Director determines that any activity is occurring which is not in compliance with an approved permit, this Article and/or the written requirements of the Director, the Director may issue a written compliance order directed to the landowner, developer, builder, permittee or other responsible person, containing a compliance schedule . Such schedule shall contain specific remediation measures that shall be undertaken and completed, including inspection dates in whi ch the Director will be back on site to ensure completion of such measures were taken . It shall be unlawful for any landowner, developer, builder, permittee or other responsible person to fail to comply with any compliance order requirement. Suspension or revocation of permit . The Director may suspend or revoke a ny permit , such as, but not limited to, right -of- way , grading , building or ESC permit, for violation of any provision of this A rticle, violation of the permit and/or misrepresentations by the per mittee or its agents, employees or independent contractors. Stop work orders . Whenever the Director determines that any activity is occurring which is not in compliance with an approved permit, the written requirements of the Director and/or the requirements of this Article, the Director may issue a stop work order directing that such activity must immediately cease upon service of such order on the landowner, developer, builder, permittee or other person responsible for or conducting such activity . Such person shall immediately stop all activity until authorized in writing by the Director to proceed . If such responsible person cannot be located, the stop work order shall be posted in a conspicuous place upon the area where the activity is occurring . The order shall state the nature of the violation and shall not be removed until the violation has been cured or written authorization to remove the order has been issued by the Director . It shall be unlawful for any person to fail to comply with a stop work order. Violations and penalties. ---PAGE BREAK--- 14-13 It shall be unlawful for any person to violate any provision of a permit and/or the requirements of this Chapter . Any person found to have violated any provision of a permit, written requirement of the Director and/or the requirements of this Chapter shall be subject to the penalties as set forth in Article 1-24 of this Code. It shall be unlawful for any person to do or perform, or cause to be: a. Done or performed, any act or thing prohibited by the terms of this Chapter; any provision of any permit issued hereunder; and/or any lawful orders or regulations issued pursuant to any of the provisions thereof; or b. If any person, including but not limited to the officers and agents of a corporation responsible for its actions or inaction, and the partners or members of a partnership, firm or joint venture, shall violate or cause the violation of any of the provisions of this Chapter, they and each of them shall be guilty of a separate offense for each and every day or portion thereof during which a violation is committed, permitted or continues . Upon conviction thereof, any person, including but not limited to such partners, members, officers or agents, shall be subject to the penalties provided for in Article 1-24 of this Code. If any person violates any provision or fails to comply with any of the requirements of this Chapter, the City may seek a preliminary or permanent injunction in a court of competent jurisdiction restraining the person from continuing the violation, activities which would create further violations or compelling abatement or remediation of the violation. In lieu of enforcement proceedings, penalties and remedies authorized by this Chapter, the City may seek compensation in a court of competent jurisdiction for costs incurred by the City, including , by way of example, storm drain stenciling, charges for attendance at compliance workshops and creek cleanup. In addition to the enforcement processes and penalties provided in this Chapter, and Article 1 - 24 of this Code , any condition caused or permitted to exist in violation of any of the provisions of this Chapter, is a threat to public health, safety and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator ' s expense, and/or a civil action to abate, enjoi n or otherwise compel the cessation of such nuisance may be taken. The remedies listed in this Chapter are not exclusive of any other remedies available under any applicable federal, state or local law , and it is within the discretion of the City to seek alternative and/or cumulative remedies. (Ord. 1905 2006; Ord. 2114 2011) Sec. 14-2-120. Appeals. Whenever in this Chapter reference is made to an appeal from any written ruling or administrative decision, the Board of Adjustment shall be the appellate body so designated , whether it shall be styled as the Board of Appeals or by any other name . Hereinafter, in this Section, the Board of Adjustment shall be referred to as the "Board." Any aggrieved person, firm or corporation may appeal any final, written decision of the Director, as provided herein, to the Board. ---PAGE BREAK--- 14-14 Application for a hearing before the Board shall be made on forms designated for such purpose by the Director. The notice of appeal for a hearing before the Board shall be accompanied by a fee in an amount that shall be determined from time to time in the annual fee resolution adopted by the City Council. A notice of appeal from any final written decision of the Director shall be filed within thirty (30 ) days of the date of the decision. No appeal shall be accepted or heard if it is filed after thirty (30) days. The Board shall have the authority to review any written final decisions of the Director when such decisions are based on the provi sions of this Chapter. The Board may determine the suitability of alternate methods and materials and may review other matters which may properly come before the Board . Where specific materials or method types of construction are required, such requirements shall be the minimum requirements; and any materials or method types of construction, which will afford an equal or greater degree of safety as specified within this Article, may be recommended. The decision of the Board shall be final and binding on the appellant and the City. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within ten (10) days of the decision of the Board upholding the decision of the Director, then the Director may enter upon the subject private property as provided in Article 1-20 of this Code . It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse entry upon the premises for the purposes set forth herein . (Ord. 1905 2006 ; Ord. 2114 2011) ARTICLE 14-4 Grading Regulations Division 1 Generally Sec. 14-4-110. Purpose. This Article is enacted for the purpose of regulating grading and excavation activity on real property within the City, in order to safeguard life, limb, health, property and public welfare; to avoid pollution of watercourses with nutrients, sediments and other earthen materials generated on or caused by surface runoff on or across the permitted area; and to ensure that the use of the site is consistent with this Chapter, the City ' s Land Use and Development Regulations and Guidelines, as contained in Chapters 16 and 17 of this Code, and related approvals and permits. (Ord. 1905 2006; Ord. 2114 2011) Sec. 14-4-120. Definitions. All definitions contained in this Chapter are hereby adopted and made applicable to this Article, and , in addition thereto, the definitions stated herein shall apply except where the context clearly indicates a different meaning: Board means the Board of Adjustment. ---PAGE BREAK--- 14-15 Compaction means the increase of density of a soil or rock fill by mechanical means. Cut. See excavation. Department means the Utilities Department, unless otherwise specified. Depth of fill means the vertical dimension from the exposed fill surface to the original ground surface. Depth of excavation (cut) means the vertical dimension from the exposed cut surface to the original ground surface. Director means the Director of the Utilities Department, unless otherwise specified. Drainageway means a depression, such as a swale, ravine, gully or ditch. Embankment. See fill. Erosion means the wearing away and transportation of earth material as a result of the movement of wind, water or ice. Erosion control plan (ECP) means a construction civil drawing and detail sheet for installation of stormwater pollution prevention management practices, including erosion and sediment control BMPs. Excavation or cut means the removal or relocation of naturally occurring earth materials by mechanical means, and includes the conditions resulting therefrom. Expansive soil means any soil which exhibits significant expansive properties as determined by a licensed professional engineer or the Director. FEMA means the Federal Emergency Management Agency. FHAD means the Flood Hazard Area Delineation adopted by the City. Fill means a deposit of earth material placed by artificial means. FIRM means the Federal Insurance Rate Map. Grade means the vertical location of the ground surface. a. Existing grade means the grade prior t o any grading, cutting, filling or other excavation activity. b. Finish grade means the final grade of the site which shall conform to the approved construction drawings for grading. c. Rough grade means the stage at which the grade approximately conforms to the approved grading plan. ---PAGE BREAK--- 14-16 Grading means the act of excavating, cutting or filling, or any combination thereof. Person means any individual, firm, corpo ration or agency, whether principal, agent, employee or otherwise. Professional engineer means any person licensed by the State to practice in the discipline of civil engineering. Sediment means any material transported or deposited by wind, water or ice, including but not limited to soil, debris or other foreign matter. Site means any subdivided lot or parcel of land or combination of contiguous lots or parcels of land, whether held separately or joined together in common ownership or occupancy, where grading is to be performed or has been performed. Slope means an inclined ground surface, the inclination of which may be expressed as the ratio of horizontal distance to vertical distance. Soil means all earth material of any origin that overlies bedrock and may include the decomposed zone of bedrock which can be excavated by mechanical means. Standards and s pecifications means the latest edition of the City of Brighton Standards and Specifications Manual. UDFCD means the Urban Drainage and Flood Control District. Watercourse means any natural or man-made channel , flowing continuously or intermittently in a definite direction and course or used for the holding, delay or storage of waters, which functions at any time to convey or store stormwater runoff. (Ord. 1905 2006; Ord. 2114 2011) Sec. 14-4-130. Responsibility for administration. The Direc tor shall administer, implement and enforce the provisions of this Article . Any powers granted or duties imposed upon the Department may be delegated in writing by the Director, with the consent of the City Manager, to other Departments and agencies of the City or contractors acting for and on behalf of the City. (Ord. 1905 2006; Ord. 2114 2011) Sec. 14-4-140. Grading permit required. Except for specific exemptions contained in Section 14-4-150 , no person shall do or permit to be done any grading on any site in the City without first obtaining a valid grading permit issued by the Director . Alterations to grading which cause the flow of stormwater to adversely affect water quality, other property owners or City-owned properties or structures are prohibited , and all costs for any restorative measures necessitated thereby shall be the financial responsibility of the landowner and/or other person or entity undertaking such change of grade or other grading activities . (Ord. 1905 2006 ; Ord. 2114 2011) ---PAGE BREAK--- 14-17 Sec. 14-4-150. Exemptions. The following grading may be done without obtaining a permit . Exemption from the requirement of a permit shall not be deemed to be permission to violate any provision of this Article, this Chapter or other applicable provisions of this Code. Minor projects which have cuts or fills, each of which is less than five feet in vertical depth at its deepest point measured from the existing ground surface, and which include the following: a. Less than fifty (50) cubic yards of graded material. b. Do not create unstable or erodible slopes or fields, including grading which does not remove topsoil and vegetation. c. Do not encroach into a drainageway or watercourse. d. Excavations in connection with constructing a swimming pool authorized by a valid building permit which will not interfere with prevalent grading on the site. e. Trenching and grading incidental to the construction or installation of approved underground pipelines, septic tanks and sewage disposal fields, conduits, electrical or communication facilities and drilling or excavation for post holes or approved wells. f. Excavations of less than one hundred fifty ( 150 ) cubic yards for soil or geologic investigations by a professional engineer. g. Grading in accordance with plans incorporated in an approved surface mining permit. h. Routine cemetery excavations and fills. i. An excavation below finished grade for basements and footings of a building authorized by a valid building permit. j. Grading work performed by the City. k. Normal agricultural and farming activities , including tilling, plowing and excavation for irrigation ditches, on property zoned for agricultural use . (Ord. 1905 2006 ; Ord. 2114 2011) Sec. 14-4-160. Grading permit. No person shall undertake, cause, suffer or permit to be done any grading in such a manner that quantities of dirt, soil, rock, debris or other material substantially in excess of natural levels are washed, eroded or otherwise moved from the site, except as specifically provided by a valid grading permit . (Ord. 1905 2006; Ord. 2114 2011) ---PAGE BREAK--- 14-18 Sec. 14-4-170. Water obstruction. No person shall undertake, cause, suffer or permit to be done any grading which may obstruct, impede or interfere with the natural flow of stormwater, whether such waters are unconfined upon the surface of the land or confined within land depressions or natural drainageways, unimproved channels or watercourses, or improved ditches, channels, streets or conduits in such a manner as to cause flooding where it would not otherwise occur, or such as would aggravate any existing flooding condition or cause accelerated erosion, except where such grading is in accordance with all applicable federal, state and local laws and regulations, including but not limited to the provisions of this Chapter . (Ord. 1905 2006 ; Ord. 2114 2011) Sec. 14-4-180. Hazards. Whenever the Director determines that any grading activity constitutes a condition which is a hazard to public safety, endangers property, adversely affects the safety, use or stability of adjacent property, an overhead or underground utility, or a public way, watercourse or drainage channel, or could adversely affect the water quality of any water bodies or watercourses, then the landowner of the property upon which the condition is located, or other person or agent in control of said property, upon receipt of notice in writing from the Director, shall, within the period specified therein, obtain a grading permit and conform to the conditions of said permit . The Director may require the submission of plans or soil or geological reports, detailed construction recommendations, drainage study or other engineering data prior to and in connection with any corrective or proposed work or activity . (Ord. 1905 2006 ; Ord. 2114 2011) Division 2 Procedures Sec. 14-4-210. Filing. Applications for grading permits shall be filed with the Department on forms furnished by the C ity . Each application shall include a preliminary or final overlot grading plan signed by a professional engineer; unless signature requirements are specifically waived by the Director; and an erosion control plan (ECP) . The Director shall determine if the application is complete in accordance with the provisions of this Article . The applicant shall be notified within five working days of the submission of the application if the application is deemed incomplete and the requirements for completing the application . (Ord. 1905 2006; Ord. 2114 2011) Sec. 14-4-220. Permit conditions. No permit shall be granted unless the grading plan conforms to this Article, this Code, Brighton ' s Land Use and Development Regulations and Guidelines, as conta ined in Chapter 16 of this Code , the City ' s Sta ndards and Specification Manual , Adams County ' s Development Standards and Regula tions Manual , Urban Drainage and Flood Control District ' s Urban Storm Drainage Criteria Manual, Volume I, II and III, and other ordinances and regulations of the City. ---PAGE BREAK--- 14-19 If the proposed project requires the filing of a subdivision plat or the intended use requires approval of a conditional or special use permit, no grading permit shall be granted prior to the approval of the Director of the Community Development Department. The permit shall be limited to work shown on the grading plans as approved by the Director . In granting a permit, the Director may impose any condition deemed necessary to protect the health, safety and welfare of the public, to prevent the creation of a hazard to public or private property and to assure proper completion of the grading, including but not limited to: Mitigation of any adverse environmental impacts; Requirements for dust, erosion, replacement of vegetation, sediment and noise control, hours of operation, sequence of work, access roads and haul routes and work area traffic control; Requirements for safeguarding watercourses, whether natural or man-made, from excess deposition of sediment or debris in quantities exceeding normal levels; and Keeping public streets and rights-of-ways free from mud and debris . (For purposes of this Article, the definition of debris includes discarded construction material of any type (Ord. 1905 2006; Ord. 2114 2011) Sec. 14-4-230. Permission of other agencies or owners. No permit shall relieve the permittee of the responsibility for securing any other permits or approvals required for work which is regulated by any other department of the City, the County, the State or any other public agency, or for obtaining any easements or authorization for grading on property not owned by the permittee . Proof of application for applicable public agency permits may be required prior to issuance of a grading permit. (Ord. 1905 2006; Ord. 2114 2011) Sec. 14-4-240. Time limits. The permittee shall perform and complete all the work required by the grading permit, including regular cleanup of mud and debris, within the time limits specified in the permit . If the work cannot be completed within the specified time, a request for an extension of time setting forth the reasons for the requested extension shall be presented in writing to the Director no later than five days prior to the expiration of the permit. The Director may grant additional time for the work. If the work is not completed within the time limits specified in Subsection above, the City may utilize the financial guarantee required by Section 14-2-80 of this Chapter for the completion of the work and/or restoration of the site. (Ord. 1905 2006; Ord. 2114 2011) Sec. 14-4-250. Validity. The issuance of a permit or approval of plans and specifications shall not be construed as an approval or waiver of any violation of the provisions of this Article or any other applicable laws, ordinances, rules or regulations. (Ord. 1905 2006; Ord. 2114 2011) ---PAGE BREAK--- 14-20 Division 3 Plans and Specifications Sec. 14-4-310. Application. Three (3 ) or more complete sets of grading plans, including but not limited to profiles, cross-sections, topographic maps and specifications, shall be submitted to the Director with each application for a grading permit. The Director shall determine if the application is complete in accordance with the provisions of this Article . The applicant shall be notified within five working days of the submission of the application if the application is deemed incomplete and the requirements for completing the application . When the final grading plans and other documents required hereunder have been approved, a grading permit will be authorized for issuance by the Director . The work shall be done in strict compliance with the approved plans and specifications, which shall not be altered without the approval of the Director. (Ord. 1905 2006; Ord. 2114 2011) Sec. 14-4-320. Approved plans; modification. A proposed modification to an approved grading plan shall be submitted to the Director for approval. All necessary soils and geotechnical information and design details shall accompany any request for modification . The Director shall determine what soils and geotechnical information and design details are necessary . The applicant shall be notified within five working days of the submission of the application if the application is deemed incomplete and the requirements for completing the application. The modification shall be compatible with any approved subdivision plat and all land use requirements pursuant to the Land Use and Development Regulations and Guidelines, as contained in Chapter 16 of this Code, and other ordinances and regulations. (Ord. 1905 2006; Ord. 2114 2011) Division 4 Permit Requirements Sec. 14-4-410. General. The Director shall determine if the application for a grading permit is complete in accordance with the provisions of this Article . The applicant shall be notified within five working days of the submission of the application if the application is deemed incomplete and the requirements for completing the application . The Director will authorize the issuance of a grading permit if final grading plans satisf y the provisions of this Article and all of the conditions imposed . If the application for a permit is denied , the Director shall identif y the provision, requirement or condition that has not been met or performed by the applicant . (Ord. 1905 2006; Ord. 2114 2011) Sec. 14-4-420. Fees. The schedule of fees and costs shall be those established and adopted from time to time in the annual fee resolution adopted by the City Council. ---PAGE BREAK--- 14-21 If grading work is done in violation of this Article or such work is not in accordance with the approved permit, a recovery fee, not less than twice the normal fee, covering investigation of any violation and inspection and plan checking of work required to correct such violation, shall be charged to such violator . No additional permits will be reviewed or considered for that permittee until said costs are paid. (Ord. 1905 2006; Ord. 2114 2011) Sec. 14-4-430. Responsibilities of permittee. The permittee shall be responsible for the following: Prevention of damage to any public utility or service. Prevention of damage to adjacent property . (Excavation shall not occur sufficiently close to the property line to endanger any adjoining public street, sidewalk, utilities or other public or private property or easement, without protecting such property from damage which might result.) Regular removal of any mud or debris that is tracked in the public right-of-way resulting from vehicles and equipment entering and leaving the site . Regular removal shall mean by the end of every workday that the permittee is working at the construction site, before the permittee leaves the construction site . Failure to remove such mud or debris in accordance with the notice from the Director shall be deemed to create a public nuisance which may be abated in accordance with Section 14-2-100 of this Chapter, in addition to any other remedies provided by this Code. Protection of all trees designated on the approved grading plan to remain. Prevention of discharge of sediment or dust from the site to any watercourse, drainage system or adjacent property and to protect from all damage that may result from wind, erosion or sedimentation from the site. If the permittee fails to comply with the provisions of Subsection above in a manner satisfactory to the Director, the Director shall provide notice to the permittee to correct the condition within three days or a special time limit of twenty-four (24) hours for removal of mud or debris from public rights-of-way . If the permittee does not comply with the notice, the Director may cause the condition to be remedied and assess the cost of equipment, labor and administrative costs incurred by the City in accordance with Section 14-2-100 of this Chapter. The permittee shall notify the Director at least twenty-four (24) hours prior to the start of work. No permit issued under this Article may be transferred or assigned in any manner without the approval of the Director. (Ord. 1905 2006; Ord. 2114 2011) Division 5 Enforcement Sec. 14-4-510. Suspension or revocation of permit. The Director may suspend or revoke a permit for good cause, subject to appeal to the Board of Adjustment. ---PAGE BREAK--- 14-22 The Director may, in order to protect against an immediate threat to the public health and safety, or after the permittee ' s failure to comply with a notice of violation under Subsection 14-4-430(b), issue an immediate stop work order until such time as the violation is corrected . (Ord. 1905 2006 ; Ord. 2114 2011) Sec. 14-4-520. Appeals. Appeals of any decision of the Director may be made in accordance with Section 14-4-120 of this Article. (Ord. 1905 2006; Ord. 2114 2011) Sec.14-4-530. Compliance required. It shall be unlawful to perform any grading on, or alter, maintain or use, any land area in violation of any provision of this Chapter. No permit, certificate, license or other document or oral approval, the use of which is subject to the provisions of this Chapter, shall be issued by any department, agency or board of the City until it has been determined that all substantive requirements of this Chapter have been met and all procedures have been followed. (Ord. 1905 2006; Ord. 2114 2011) Sec. 14-4-540. Corrective work; enforcement and violations. The Director may initiate corrective measures in a manner provided by Article 14-2 of this Chapter by the City or authorized contractors. Enforcement of the requirements of this Article shall be in accordance with the applicable provisions of Article 14-2. Upon receipt of such stop work notice, the person performing the work shall: Stop work immediately; Within twenty-four (24 ) hours provide the Director with a list of remedies which can be immediately undertaken to bring the work into compliance with this Article; and Within twenty-four (24) hours after acceptance by the Director of such remedies, undertake, at the violator's expense, such action as necessary to bring the work into compliance with this Article. Upon failure of any person to comply with the stop work notice, the City may cause the corrective work to be performed in accordance with applicable provisions of Section 14-2-100 of this Chapter . All persons responsible for the violation shall be liable jointly and severally to the City for the cost of such corrective work. (Ord. 1905 2006; Ord. 2114 2011) ---PAGE BREAK--- 14-23 ARTICLE 14-6 Storm Sewer Usage Sec. 14-6-10. Purpose/intent. The purpose of this Article is to provide for the health, safety and general welfare of the citizens of the Cit y through the regulation of non stormwater discharges to the storm drainage system to the maximum extent practicable as required by federal and state law . This Article establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system in order to comply with requirements of the Colorado Discharge Permit System ' s permit for stormwater discharges associated with Municipal Separate Storm Sewer Systems (MS4). The objectives of this Article are: To regulate the contribution of pollutants to the municipal separate storm sewer system by stormwater discharges by any user; To prohibit illicit connections and discharges to the municipal separate storm sewer system; and To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this Article. (Ord. 1905 2006; Ord. 2114 2011) Sec. 14-6-20. Definitions. All definitions contained in this Chapter are hereby adopted and made applicable to this Article and, in addition thereto, the definitions stated herein shall apply except where the context clearly indicates a different meaning: Authorized enforcement agency means the employees or designees of the Director of the Department. Clean Water Act means the federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.). Construction activity means activities subject to NPDES and/or CDPS construction permits . These activities include construction projects resulting in land disturbance of one or more acres, or less than one acre but which belong to a common plan of development larger than one acre. Department means the Utilities Department unless otherwise specified. Director means the Director of the Utilities Department or his/her designee, unless otherwise specified. Hazardous materials means any material, including any substance, waste or combination thereof , which, because of its quantity, concentration or physical, chemical or infectious characteristics, may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of or otherwise managed. ---PAGE BREAK--- 14-24 Illegal discharge means any direct or indirect non stormwater discharge to the storm drain system, except as exempted in Paragraph 14-6-60(b)(1) of this Article. Illicit connections means either of the following: a. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system, including but not limited to any conveyances which allow any nonstormwater discharge, including sewage, process wastewater and wash water, to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted or approved by an authorized enforcement agency; or b. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps or equivalent records and approved by an authorized enforcement agency. Industrial activity means activities subject to NPDES and/or CDPS industrial permits as defined in 40 C.F.R. § 122.26(b)(l4). Municipal separate storm sewer system ( or MS4) means a conveyance or s ystem of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man- made channel s or storm drains ) designed or used for collecting or discharging stormwater, and owned or operated by a state, city, town, county, district, or other public body (created by state law). National Pollutant Discharge Elimination System or NPDES Stormwater Discharge Permit means a permit issued by the Environmental Protection Agency (or the State under authority delegated pursuant to 33 U.S.C . § 1342(b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable to an individual, group or on a general area - wide basis . When this permit is issued by the State, the permit is known as a Colorado Discharge Permit System or CDPS Stormwater Discharge Permit. Nonstormwater discharge means any discharge to the MS4 that is not composed entirely of stormwater. Pollutant means anything which causes or contributes to pollution . Pollutants may include, but are not limited to: paints, varnishes and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter or other discarded or abandoned objects, ordnances and accumulations, so that the same may cause or contribute to pollution; floatables; pesticides, herbicides and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. Premises means any building, lot, parcel of land or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips. Storm drainage system means any publicly owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and ---PAGE BREAK--- 14-25 human-made or -altered drainage channels, reservoirs and other drainage structures. Stormwater means any surface flow, runoff and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. Stormwater management plan (SWMP), also known as s tormwater pollution prevention plan for industrial activities , means the plan which identifies potential sources of pollution which may reasonably be expected to affect the quality of stormwater discharges associated with industrial activity from the facility . The plan describes and ensures the implementation of best management practices which are to be used to reduce the pollutants in stormwater discharges associated with industrial activities at the facility and to assure compliance with the terms and conditions of the facility ' s CDPS/ NPDES permit . The objective of this document is to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems and/or receiving waters to the maximum extent practicable. Wastewater means any water or other liquid, other than uncontaminated stormwater, discharged from a facility. (Ord. 1905 2006; Ord. 2114 2011) Sec. 14-6-30. Applicability. This Article shall apply to all water entering the storm drain system generated on any private or public developed and undeveloped lands. (Ord. 1905 2006; Ord. 2114 2011) Sec. 14-6-40. Responsibility for administration. The Director shall administer, implement and enforce the provisions of this Article . Any powers granted or duties imposed upon the Department may be delegated in writing by the Director to other departments and agencies of the City or contractors acting for and on behalf of the City . (Ord. 1905 2006; Ord. 2114 2011) Sec. 14-6-50. Ultimate responsibility. The standards set forth in this Article and regulations promulgated pursuant to this Article are minimum standards; therefore, this Article does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution or unauthorized discharge of pollutants . (Ord. 1905 2006; Ord. 2114 2011) Sec. 14-6-60. Discharge prohibitions. No person shall discharge or cause to be discharged into any storm drainage system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater. The commencement, conduct or continuance of any illegal discharge to the storm drainage system is prohibited except as described as follows: The following discharges are exempt from discharge prohibitions established by this Article: ---PAGE BREAK--- 14-26 a. Water line flushing or other potable water sources (as long as adequate BMPs are used, when needed, to minimize erosion; and total residual ch lorine is non detectable prior to reaching any body of water); b. Landscape irrigation or lawn watering; c. Diverted stream flows; d. Rising ground water; e. Groundwater infiltration to storm drains; f. Uncontaminated pumped groundwater; g. Foundation or footing drains (not including active construction groundwater dewatering systems); h. Crawl space pumps; i. Air conditioning condensation; j. Springs; k. Noncommercial washing of vehicles; l. Natural riparian habitat or wetland flows; m. Dechlorinated swimming pool discharges; n. Emergency firefighting activities; and o. Any other water source not containing pollutants. Dye testing is an allowable discharge, provided that written notification has been given to the Director prior to the test. The prohibition shall not apply to any nonstormwater discharge permitted under a NPDES or CDPS permit, waiver or waste discharge order issued to the discharger and administered under the authority of the Environmental Protection Agency or Colorado Department of Public Health and Environment, provided that the discharger is in full compliance with all requirements of the permit, waiver or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. This prohibition expressly includes, without limitation, illicit connections made prior to the effective date of this Article, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. ---PAGE BREAK--- 14-27 A person is considered to be in violation of this Article if the person connects a l ine conveying sewage to the MS4 or allows such a connection to continue . (Ord. 1905 2006 ; Ord. 2114 2011) Sec. 14-6-70. Suspension of MS4 access. The Director may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which p resents or may present imminent and substantial danger to the environment, to the health or welfare of persons or to the MS4 or waters of the United States . If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States, or to minimize danger to persons. Any person discharging to the MS4 in violation of this Article may have his or her MS4 access terminated if such termination would abate or reduce an illicit discharge . The Director shall notif y a violator of the proposed termination of its MS4 access . The violator may appeal the notice to the Board of Adjustment. A person commits an offense if the person reinstates MS4 access to prem i ses termi nated pursuant to this Section without the prior approval of the Director. (Ord. 1905 2006; Ord. 2114 2011) Sec. 14-6-80. Industrial or construction activity discharges. Any person subject to an industrial or construction activity NPDES/CDPS stormwater discharge permit shall comply with all provisions of such permit . Proof of compliance with said permit may be required in a form acceptable to the Director prior to the allowing of discharges to the MS4 . (Ord. 1905 2006; Ord. 2114 2011) Sec. 14-6-90. Monitoring of discharges. This Section applies to any facility, including facilities permitted under a federal, state or local stormwater discharge permit associated with industrial or construction activity. The Director shall be permitted to enter and inspect any public or private property subject to the regulations under this Article as often as may be necessary to determine compliance with this Article . If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access by the Director. The Director shall be allowed access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES or CDPS permit to discharge stormwater, and the performance of any additional duties as defined in the ordinances and regulations of the City, the statutes and regulations of the federal and state law. The Director shall have the right to place or install on any public or private property such devices as are necessary in the opinion of the Director to conduct monitoring and/or sampling of the facility ' s stormwater discharge. ---PAGE BREAK--- 14-28 The Director may require the discharger to install monitoring equipment as the Director deems necessary . The facility ' s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense . All devices used to measure stormwater flow and quality shall be calibrated by the discharger or its contractor to ensure their accuracy and evidence thereof provided to the Director upon request. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be removed by the operator at the written or oral request of the Director and shall not be replaced. The costs of clearing such access shall be borne by the operator. U nr easonable delays in allowing the Director access to a facility is a violation of this Article . A person who is the operator of a facility commits an offense if the person denies the Director reasonable and timely access to the facility for the purpose of conducting any activity authorized or required by this Article. If the Director has been refused access to any part of the premises from which stormwater is discharged, application for a warrant may be made in accordance with the provisions of Article 1-20 of this Code. (Ord. 1905 2006; Ord. 2114 2011) Sec. 14-6-100. Requirement to prevent, control and reduce stormwater pollutants by the use of BMPs. The City may adopt requirements identifying BMPs for any activity, operation or facility which may cause or contribute to pollution or contamination of stormwater, the MS4 or waters of the United States . These BMPs shall be part of a stormwater pollution prevention plan or SWMP) as necessary for compliance with requirements of the NPDES or CDPS permit. The owner or operator of a commercial or industrial establishment shall provide, at his or her own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and nonstructural BMPs . Further, any person respons ible for a property or premises which are, or may be, the source of an illicit dis charge may be required by the Director to implement, at said person ' s expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES/CDPS permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable , shall be deemed compliance with the provisions of this Section. (Ord. 1905 2006; Ord. 2114 2011) Sec. 14-6-110. Watercourse protection. Every person owning property through which a watercourse passes, or such person ' s lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation and other obstacles that would pollute, contaminate or significantly retard the flow of water through the watercourse . In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function or physical integrity of the watercourse. (Ord. 1905 2006; Ord. 2114 2011) ---PAGE BREAK--- 14-29 Sec.14-6-120. Notification of spills. Notwithstanding other requirements of law, as soon as any person responsible for a property, facility or operation, or responsible for emergency response for a property, facility or operation, has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drain system or water of the United States, said person shall take all necessary steps to ensure the discovery, containment and cleanup of such release . In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services . In the event of a release of nonhazardous materials, said person shall notify the Director in person or by phone or facsimile no later than the next business day . Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Director within three business days of the phone notice . If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence . Such records shall be retained for at least three years and made available to the Director upon request. (Ord. 1905 2006; Ord. 2114 2011) Sec. 14-6-130. Enforcement. Whenever the Director finds that a person has violated a prohibition or failed to meet a requirement of this Article, the authorized enforcement agency may order compliance by written notice of violation to the responsible person. Such notice may require without limitation: The performance of monitoring, analyses and reporting; The elimination of illicit connections or discharges; That violating discharges, practices or operations shall cease and desist; The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; Payment of a fine to cover administrative and remediation costs; and The implementation of source control and/or treatment BMPs. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by the City or a contractor and the expense thereof shall be charged to the violator. (Ord. 1905 2006; Ord. 2114 2011) Sec. 14-6-140. Appeal. Any person receiving a notice of violation under this Article may appeal the same to the Board of Adjustment, as provided in Section 14-2-120 of this Chapter. (Ord. 1905 2006; Ord. 2114 2011) ---PAGE BREAK--- 14-30 ARTICLE 14-8 Post-Construction Stormwater Management Sec. 14-8-10. Purpose. The purpose and intent of this Article is to establish minimum post-construction stormwater management requirements and controls to protect and enhance the water quality of receiving waters and also to provide for the health, safety and general welfare of the residents of the City. The objectives of this Article are: To require the implementation of post-construction practices and promote Low-Impact Development (LID) techniques to control stormwater runoff from development and redevelopment sites in order to prevent flooding, erosion and stormwater pollution; To protect surface water resources from degradation by guiding the development of the community away from sensitive areas; To preserve the natural infiltration of groundwater and to protect the quantity and quality of groundwater resources; To ensure adequate long-term operation and maintenance of post-construction stormwater management practices; and To enable the City to comply with the National Pollution Discharge Elimination System permit and applicable federal and state regulations. (Ord. 1962 2008) Sec. 14-8-20. Compatibility with other ordinances. Except and in addition to what is specifically provided in this Article, the following sections of Article 14-2, Stormwater Management Program, of this Chapter are applicable to this Article: Section 14 -2-40, Responsibility for administration, and Section 14-2-90, Construction and maintenance requirements. In the interpretation and application of this Article, the provisions hereof shall be held to be minimum requirements adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this Article are at variance with the requirements of any other lawfully adopted ordinances, standards, specifications, rules or codes, the more restrictive, or that imposing the higher standards, shall govern. (Ord. 1962 2008) Sec. 14-8-30. Definitions. All definitions contained in this Chapter are hereby adopted and made applicable to this Article, and, in addition thereto, the definitions stated herein shall apply, except where the context clearly indicates a different meaning: ---PAGE BREAK--- 14-31 Agricultural use means farming, including plowing, tillage, cropping, installation of best management practices, seeding, cultivating and harvesting for the production of food and fiber products; the grazing and raising of livestock (except feedlots); aquaculture; sod production; orchards; Christmas tree plantations; nurseries; and the cultivation of products as part of a recognized commercial enterprise. Association means a property or unit owners ' association organized under Section 38-33.3-301, C.R.S., as it may be amended from time to time. Development means a man-made change to alter, improve or otherwise change real estate, including but not limited to construction or erection of buildings, structures and improvements; mining; dredging; filling; grading; paving; excavation; or drilling operations. Director means the Director of Utilities. Drainage easement means a right-of-way that precludes modification of the post-construction Best Management Practices (BMP) and allows legal access to the property for inspection and other actions necessary to maintain the operation of the post-construction BMP as required to protect the public health, safety and welfare. Low-Impact Development (LID) means methods incorporating design measures to replicate predevelopment hydrology to reduce the impacts of development at a lot-level basis treating rainwater where it falls by creating conditions that allow the water to infiltrate back into the ground. LID emphasizes greater infiltration of stormwater runoff on-site rather than regarding the stormwater runoff as a nuisance condition and disposable. Maintenance Agreement means an agreement between the City and a landowner or other responsible person which provides for long-term operation, maintenance, repair and necessary replacement of stormwater post-construction BMP. Post-construction means after the construction or development phase of the land has been completed. Post-construction Best Management Practices (BMP) means the post-construction practices, structures, improvements and activities designed to prevent or reduce stormwater runoff from developed land from negatively impacting receiving water resources, either through hydrologic impacts or pollutant discharges. Post-construction BMP include: Nonstructural, and/or Structural. a. Nonstructural BMP consist of preservation, planning or procedures that direct development away from water resources or limit the creation of impervious surfaces, which include, by way of example, conservation easements, riparian and wetland setbacks, breaking up the connectivity between impervious surfaces, conservation subdivision design and signage to discourage illicit discharges. b. Structural BMP are practices, structures, improvements and activities that are required to provide retention and treatment of stormwater runoff either through storage, filtration or infiltration, which include, by way of example, extended detention basins, wet ponds, dry basins, multi- ---PAGE BREAK--- 14-32 chamber catch basins, dry wells, bioretention cells, bioswales, sand filters, vegetated filter strips, use of permeable pavements and infiltration trenches. Redevelopment is any construction, alteration or improvement that disturbs the ground surface or increases the impervious area on a location where impervious surfaces had previously been developed. (Ord. 1962 2008) Sec. 14-8-40. Ultimate responsibility. The requirements set forth in this Article and regulations promulgated pursuant to this Article are minimum regulations and standards; therefore, this Article does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution or unauthorized discharge of pollutants, nor does compliance relieve such person from the duty of enacting all measures determined by the Director to be necessary to minimize pollution of receiving waters and to protect the public health, safety and welfare. Any person who undertakes or causes to be undertaken any development or redevelopment shall ensure that soil erosion, sedimentation, increased pollutant loads and changed water flow characteristics resulting from the activity are controlled so as to minimize pollution of receiving waters and to protect the public health, safety and welfare. By approving post-construction stormwater BMP under this Article, the City does not accept responsibility for the design, installation, and operation and maintenance of post-construction stormwater BMP. (Ord. 1062 2008) Sec. 14-8-50. Applicability. This Article shall be applicable to: All development or redevelopment projects that disturb an area equal to or greater than one acre. A development or redevelopment that disturbs less than one acre but is part of a larger common plan of development, subdivision or parcel of property under single ownership in excess of one acre even though multiple, separate and distinct development activities may take place at different times on different schedules. Any development or redevelopment, regardless of its size, identified by the Director, to be an area where: a. Significant water quality impacts are anticipated as a result of development or redevelopment. b. Significant stormwater runoff detention is required. The following activities are exempt from this Article: Development of individual single-family or duplex residential lots that are not part of a larger common plan of development and which disturbs less than one acre. ---PAGE BREAK--- 14-33 Redevelopment of existing single-family or duplex residential structures that are not part of a larger common plan of development and which disturbs less than one acre. Projects that are exclusively for agricultural use, unless otherwise determined by the Director pursuant to Paragraph above. Routine maintenance and repair to any post-construction BMP deemed necessary by the Director to maintain original grade, hydraulic capacity or original purpose of drainage structures. Any emergency project that is immediately necessary for the protection of the public health, safety, welfare, property and/or natural resources. Linear construction projects, such as pipeline or utility line installations that do not result in the installation of any impervious cover, as determined by the Director. Any part of a development or redevelopment that was approved by the City prior to the effective date of this Article, provided that this exception does not exclude long-term maintenance responsibilities of existing drainage structures. (Ord. 1962 2008) See. 14-8-60. General technical standards and specifications. All post-construction BMP shall be designed and maintained to meet erosion control, groundwater recharge and stormwater runoff quantity and quality standards of this Chapter; the Urban Drainage and Flood Control District ' s Urban Storm Drainage Criteria Manual, Volume 3; and the City of Brighton Public Works Standards and Specifications Manual, Chapter 3, Drainage and Flood Control, as the same may be amended from time to time. These manuals may be updated and expanded from time to time, at the discretion of the Director, based on improvements in engineering, science, monitoring and local maintenance experience. (Ord. 1962 2008) Sec. 14-8-70. Post-construction stormwater management requirements. All applications and approvals of developments, redevelopments, subdivisions and applicable projects shall include post-construction stormwater management requirements incorporated into the development design as approved. Post-construction BMP shall be designed, constructed and maintained to the maximum extent possible to minimize stormwater runoff flows and pollutants. Post-construction BMP incorporated into the design shall meet the " No Net Increase Design Goals," including the following: a. No net increase in nonpoint source pollution. Stormwater control systems shall be designed to prevent the degradation of water quality in receiving watercourses from nonpoint source pollution associated with stormwater runoff. b. No net increase in sediment loadings. Stormwater control systems shall be designed to reduce to the maximum extent possible, the total suspended solids (TSS) from stormwater runoff. ---PAGE BREAK--- 14-34 c. No net increase in stormwater runoff rates and stream channel erosion. Stormwater control systems shall be designed so that, to the maximum extent possible, the post-development stormwater runoff rates from the site are no greater than predevelopment rates, in order to retain as closely as possible the predevelopment hydrologic response of the watershed. d. No net increase in stormwater runoff volumes. Wherever suitable infiltration, soil permeability and favorable geological conditions exist, stormwater control systems shall be designed so that all stormwater runoff from impervious surfaces infiltrates into the soil. Structural post-construction BMP incorporated into the development shall be designed to: a. In consideration of existing site conditions, avoid adverse effects on water quality or quantity or harm or damage to persons or property. b. Minimize regular maintenance, facilitate the performance of required maintenance and repair tasks, ensure proper functioning and reduce the potential for extensive, difficult and costly remedial or emergency maintenance efforts. c. Be strong, durable and corrosion-resistant. d. Incorporate safety measures. e. Include design features to prevent accumulation or discharge of trash and debris in drainage systems. f. Include design features to prevent and/or contain spills at industrial or commercial developments. Post-construction requirements must be met prior to receiving approval from the City to proceed with construction of the development or redevelopment. Prior to development or redevelopment approval by the City, a maintenance agreement shall be submitted to the Director for review and approval by the Director. The agreement shall specify post-construction stormwater management requirements necessary for the project to meet the standards set forth in this Article. If the applicant contends that it is not feasible for engineering, environmental or safety reasons to incorporate any or only specific post-construction stormwater management measures in the design of a particular project, the applicant may request exemption from the required measures. The applicant shall identify the alternative measures proposed and provide adequate documentation to the Director, either in writing or by testimony, to establish the basis for the contention and the adequacy of the proposed measures to protect the public health, safety and welfare. The applicant bears the burden of proving any impracticability. a. The applicant must provide adequate documentation and/or testimony to establish, to the satisfaction of the Director, qualification for the exemption and adequacy of the proposed measures. ---PAGE BREAK--- 14-35 b. The data provided by the applicant must be substantiated by either professionals in an applicable field or by thorough documentation of how the information was obtained. c. The Director may request additional information from the applicant as necessary to make informed decisions. d. The applicant may appeal the Director ' s decision as provided in Section 14-2-120 of this Chapter. e. The Director may approve the request or approve the request with conditions, provided that the intent and purpose of this Article are not significantly compromised. Responsibility for drainage structures. Stormwater structural post-construction BMP located on private property shall be operated, repaired, maintained and replaced as necessary by the landowner of the property on which the BMP is located as required in this Section, unless the Maintenance Agreement or the Director, in writing, provides that a person or entity other than the landowner shall be responsible for the operation, repair, maintenance and replacement of such BMP. Stormwater structural post-construction BMP located on private property shall be operated, repaired, maintained and replaced as necessary by a person other than the landowner of the property on which the BMP is located as required in this Section, as provided in the Maintenance Agreement or with the approval of the Director. Prior to the approval of the development or redevelopment, the Director may require the landowner to create an association to be responsible for the operation, repair, maintenance and replacement of stormwater structural post-construction BMP. The bylaws, covenants and restrictions of the association shall include the legal responsibility to operate, repair, maintain and replace post- construction BMP installed in the development, as well as legal authority to levy an assessment on each owner to pay for the operation, repair, maintenance and replacement of the BMP, and provisions for a lien on an owner's property for failure to pay the assessment. Long-term inspection of post-construction BMP. The landowner or person responsible for any post-construction BMP shall perform regular inspections in accordance with the Maintenance Agreement on all required stormwater post- construction BMP and document repair, maintenance and replacement needs to ensure compliance with the requirements of this Article. Maintenance records shall be retained for at least five years, and shall be readily available to the Director upon request. Upon written notification by the Director, the landowner or person responsible for any post- construction BMP shall, at his or her own cost and within a reasonable time period determined by the Director, have an inspection of the post-construction BMP conducted by a qualified professional; file with the Director a copy of the written report of inspection prepared by the professional; and, within the time period specified by the Director, complete any repair, maintenance or replacement work ---PAGE BREAK--- 14-36 recommended in the report to the satisfaction of the Director. Long-term maintenance of post-construction BMP. All post-construction BMP, structural and nonstructural, shall be maintained in perpetuity, unless otherwise specified in writing by the Director. Preventative and corrective repair, maintenance and replacement shall be performed to maintain the function and integrity of the stormwater post-construction BMP. Repair, maintenance and replacement requirements of post-construction BMP include routine and nonroutine maintenance procedures. Routine maintenance procedures include, but are not limited to, inspections, debris and litter control, mechanical components maintenance and replacement, vegetation management and other routine tasks. Nonroutine procedures are those associated with removing accumulated sediments from stormwater quality facilities, restoration of eroded areas, snow and ice removal, fence repair or replacement, restoration of vegetation and long-term structural repair, maintenance and replacement. The City may enforce the requirements of this Article and the Maintenance Agreement, as provided in Sections 14-8-90 and 14-8-100 below. Maintenance Agreement. As a condition of development or redevelopment approval, the landowner, or person responsible therefor, shall agree in writing to maintain post-construction BMP to their design capacity unless or until the City relieves the landowner or responsible person of that responsibility in writing. The obligation to maintain post-construction BMP, and the City ' s legal right to enforce that obligation, shall be memorialized on the subdivision plat, annexation map, subdivision development agreement or Maintenance Agreement or other instrument in a form acceptable to the City. The subdivision plat, annexation map, subdivision development agreement or Maintenance Agreement shall be filed of the record in the office of the clerk and recorder of the county or counties in which the property and the post-construction BMP are located, and the terms thereof shall run with the land and be binding on all subsequent owners of the property, the person responsible for operation, repair, maintenance and replacement of the BMP or his or her successors and assigns, to ensure structural BMP function as designed and nonstructural BMP are preserved and not altered. The development or Maintenance Agreement shall include: a. The name and contact information of the landowner of the property on which all post- construction BMP are located; b. The names and contact information of the persons responsible for long-term operation, repair, maintenance and replacement of all post-construction BMP; c. The names and contact information of the persons responsible for financing long-term operations, repairs, maintenance and replacement, including emergency repairs, of all post- construction BMP; ---PAGE BREAK--- 14-37 d. The names and contact information of the persons responsible for inspecting all post- construction BMP; e. Description and identification of all stormwater post-construction BMP, structural and nonstructural; f. Description of specific preventative maintenance tasks and maintenance frequency for all post-construction BMP; g. Description of inspection procedures and frequency for all post-construction BMP; h. Designation of drainage easements on the property sufficient to ensure access to all post- construction BMP on a permanent basis for the purpose of inspection, operation, repair, maintenance and replacement. Such easements shall be recorded in the office of the clerk and recorder of the applicable county, and the easements shall run with the land; i. An estimate of the annual costs for operation, repair, maintenance and replacement of post- construction BMP, including cost of sediment, debris or trash removal and disposal; j. Warranty and operational standards from the manufacturer of any manufactured BMP structure or device; k. Signed certification by the landowner and person responsible for operation, repair, maintenance and replacement of BMP stating that the agreement is accurate and complete; and l. Other information or provision as required by the Director. (Ord. 1962 2008) Sec. 14-8-80. Right of entry; City inspections and sampling. The Director shall enforce the requirements of this Article and, in the course of carrying out such duties, shall have the authority to enter onto private property for inspection purposes as provided in Article 1-20, Right of Entry for Inspection, of this Code and Section 14-2-100, City Inspections; Costs of Remediation, of this Chapter. The inspection may include, but is not limited to, the following: sampling of any discharge and/or process waters; the taking of photographs; interviewing staff on alleged violations; and access to any and all facilities or areas within the premises that may have any effect on the discharge. (Ord. 1962 2008) Sec. 14-8-90. Remediation. If the Director determines that operation standards for BMP are not being met, or repairs, maintenance or replacement of BMP is required, the Director may, in writing, direct the landowner and/or the person responsible therefor, or their agents or representatives, to correct operation failures, repair, maintain, replace and/or install any post-construction BMP in order to keep the post-construction BMP in acceptable working condition. Should any landowner or other responsible person fail to adequately operate, repair, maintain or replace post-construction BMPs as required by the Director or otherwise violate any requirement of this ---PAGE BREAK--- 14-38 Article, the Director, after notifying the landowners or other responsible person of the required maintenance and the landowner, developer, builder or other responsible person failing to perform such maintenance within thirty (30) days thereafter, may enter the affected property and perform or cause to be performed the required abatement and assess the reasonable cost and expenses for such work against the landowners or other responsible person as provided in Section 14-2-100 of this Chapter. Such costs may include the actual cost of any work deemed necessary by the Director, in order to comply with this Article, plus reasonable administrative, enforcement and inspection costs. The landowner and other responsible person shall be individually, jointly and severally responsible for payment of the actual cost of any work deemed necessary by the Director, in order to comply with this Article, plus reasonable administrative, enforcement and inspection costs. (Ord. 1962 2008) Sec. 14-8-100. Remedies for noncompliance; violations; penalties. Remedies for noncompliance with the requirements of this Article shall be in accordance with Section 14-2-110 of this Chapter. Penalties for violations of this Article shall be in accordance with Section 14-2-110 of this Chapter and Article 1-24 of this Code. In lieu of enforcement proceedings, penalties and remedies authorized by this Section, the Director, in the Director ' s sole discretion, may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc. (Ord. 1962 2008) Sec. 14-8-110. Appeal. Any landowner or other responsible person may appeal the determination of the Director in accordance with Section 14-2-120 of this Chapter. (Ord. 1962 2008) Sec. 14-8-120. Action without prior notice. When attempts to contact the landowners or other responsible person have failed and enforcement and/or remedial actions are necessary to stop an actual or threatened discharge which presents or may present imminent danger to the public health, safety or welfare, to the environment or to the municipal storm sewer system, City representatives are authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The City is authorized to seek costs of such emergency abatement as outlined in Section 14- 2-100 of this Chapter. (Ord. 1962 2008)