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HomeMy WebLinkAbout2020 Ordinance No. 012BY AUTHORITY ORDINANCE NO. 12 SERIES OF 2020 COUNCIL BILL NO.8 INTRODUCED BY COUNCIL MEMBER ANDERSON AN ORDINANCE ADOPTING TITLE 12, CHAPTER 5, SECTION 10 TO THE ENGLEWOOD MUNICIPAL CODE 2000, REGARDING ADOPTION OF THE "STORM DRAINAGE CRITERIA MANUAL" FOR THE REGULATION OF STORMWATER WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Federal Clean Water Act requires storm water discharges be authorized under storm water discharge permits; WHEREAS, a general permit issued to the City of Englewood by the Colorado Department of Health and Environment, Water Quality Control Division, mandates storm water runoff from construction sites be managed in conformance with the Colorado Discharge Permit System, or CDPS, under Regulation 61; WHEREAS, Ordinance No. 28, Series 2005 adopted the 2005 Storm Drainage Criteria Manual ("Manual'); WHEREAS, professional staff provided a 2020 Storm Drainage Criteria Manual for the purpose of informing developers, design engineers, property owners and contractors of the City's storm water drainage management regulations; and WHEREAS, adoption updated storm water criteria will bring the City into conformance with communities throughout the region and into compliance with recently adopted federal and state laws and regulations, including the Colorado Discharge Permit System under Regulation 61. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Adoption of Title 12, Chapter 5, Section 10. Title 12, Chapter 5 of the Englewood Municipal Code shall be amended by the addition of Section 10: 12-5-10: City of Englewood Storm Drainage Criteria Manual. A. There is herebv adopted. by reference thereto. the Citv of Englewood Storm Drainage Criteria Manual (Manual), it its entirety including any updates and amendment thereto, as developed by the City of Englewood. The City Clerk shall maintain a copy of the Manual and any updates and amendments which will be available for inspection during regular business hours. Additionally. a copy of the Manual shall be maintained on the website of the City of Englewood. 2. Failure to comply with any provision of the Manual shall be a nuisance, and may be abated and/or prosecuted in accordance with the provisions of Title 15 of the Englewood 3. Municipal Code, Any work performed in violation of any provision of the Manual maybe ordered to stop by the Director of Public Works, or designee, when a stop work notice is served in writing on any person engaged in doing or causing such work, all in conformance with 11-7-23. It shall be a violation of this provision to perform any work in violation of anv ton work order. In addition to any penalty assessed pursuant to 1-4-1. the administrative penalties provided within 11-7-24 4. The Manual shall provide shall be applicable. for storm drainage planning, project review and tormwater 5. 6. 7. management analysis. The Manual shall provide for The Manual shall provide technical The Manual shall provide a drainage design for management policy. criteria. of open channels and hydraulic structures. 8. The Manual shall provide for stormwater storage and a drainage detention plan. B. The 2005 Storm Drainage Criteria Manual, adopted by and through Ordinance No. 28. Series 2005. is hereby repealed. Section 2. Notice of general provisions and findings applicable to interpretation and application of the Ordinance: Applicability of Title 1. Chapter 2. Savings Clause. The provisions of E.M.C. Title I, Chapter 2, Savings Clause apply to interpretation and application of this Ordinance, unless otherwise set forth above, including, but not limited to, the provisions regarding severability, inconsistent ordinances or code provisions, effect or repeal or modification, and legislation not affected by repeal. Enforcement. Any person, corporation, partnership, or other entity violating any provision of the City of Englewood Storm Drainage Criteria Manual at Section 4.1(2) of the Manual shall be subject to E.M.C. Title 15, Chapter 2, "Nuisance Prohibited". Any violation of Title 15, Chapter 2, Nuisance Prohibited subjects the violator to the provisions of E.M.C. Title 1, Chapter 4 "General Penalty" which mandate that except as otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal Code, the violation of any provisions of the Code, or of any secondary code adopted therein, shall be punished by a fine not exceeding two thousand six hundred fifty dollars ($2,650.00) or imprisonment for a term not exceeding three hundred sixty (360) days or by both such fine and imprisonment. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Introduced, read in full, and passed on first reading on the 2nd day of March, 2020. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 5` day of March, 2020. Published as a Bill for an Ordinance on the City's official website beginning on the 4d' day of March, 2020 for thirty (30) days. Read by Title and passed on final reading on the 23`d day of March, 2020. Published by Title in the City's official newspaper as Ordinance No. 12, Series of 2020, on the 26' day of March, 2020 Published by title on the City's official website beginning on the 250' day of March, 2020 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication f Ilowing final passage. Linda, ��.� Ison, Mayor ATTEST: St nie Carfile, City Clerk 1, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final readi � and published by Title as Ordinance No. 12, Series of 2020. / l