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File #: ORD 2015-23    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 4/29/2015 In control: Town Council
On agenda: 6/16/2015 Final action: 6/16/2015
Title: Ordinance: Amending Title 15.34.010 of the Castle Rock Municipal Code adopting by reference as Primary Code the 2015 the Grading, Erosion, and Sediment Control (GESC) and Drainage, Erosion and Sediment Control (DESC) Manual (Second Reading)
Attachments: 1. Attachment A: Ordinance, 2. Exhibit 1: Manual
To:      Honorable Mayor and Members of Town Council
 
From:      Mark Marlowe, P.E., Utilities Director
      J. David Van Dellen, P.E., Stormwater Manager
 
Title
Ordinance: Amending Title 15.34.010 of the Castle Rock Municipal Code adopting by reference as Primary Code the 2015 the Grading, Erosion, and Sediment Control (GESC) and Drainage, Erosion and Sediment Control (DESC) Manual (Second Reading)
Body
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The Ordinance was approved on first reading on May 19, 2015 with a vote of 7 to 0.
 
Executive Summary
 
The purpose of this memorandum is to request approval of an Ordinance amending Section 15.34.010 of the Castle Rock Municipal Code Adopting by Reference as a Primary Code the 2015 Grading, Erosion and Sediment Control (GESC) and Drainage, Erosion and Sediment Control (DESC) Manual on First Reading.  Changes to the GESC/DESC Manual generally include updates to policy and procedures that are no longer applicable or are needed to align with current development and regulatory practices since the last revision in 2011.  
 
History of Past Town Council, Boards & Commissions, or Other Discussions
 
The GESC Manual was originally adopted by Municipal Code in 2006 and updated in 2011.
 
On April 22, 2015, the Utilities Commission voted unanimously in favor of recommending approval of this amendment.
 
Public notice was provided on this item in accordance with municipal code.
 
Discussion
 
Staff recommends the following amendments to the GESC/DESC Manual to align with current procedural practices and provide for specific provisions in the regulations that account for development phasing, site constraints and adverse weather conditions.
 
Drainage Report Requirements
This amendment includes a revision to the submittal requirements on Early Grading GESC Permits to allow for submittal of a Phase II Drainage Report in place of a more stringent Phase III Drainage Report to align with procedural practices and more flexibility in a phased development approach.  By definition, an Early Grading GESC Permit is intended to accommodate a phased approach to development approvals.  Under the current provisions, the requirement for a Phase III Drainage Report is preventative for allowing for Early Grading GESC Permits and has found that release of Early Grading GESC Permits at the time of Site Plan/ Phase II Drainage Report approval balances the need for project phasing and still minimizes risk to the Town.
 
Temporary Stockpiles
This amendment adds an allowance for a technical criteria variance to waive the Phase II Drainage Report requirement when applying for an Early Grading GESC Permit specifically for temporary stockpiles that will not permanently alter drainage patterns.  
 
Balancing Earthwork
This amendment replaces the requirement for a variance when import or export is required on a permitted construction site with an Authorization for Haul Route application to be obtained through the Public Works Department.  Although the import or export of material is still discouraged in the Town, it is recognized that this requirement is not typically practical given the steep terrain and specific site constraints on developable property.  This revision establishes provisions for hauling activities and minimized risk through a formalized authorization process.
 
Permit Extension Due to Weather
This amendment provides an allowance for a permit extension when final stabilization is not achievable due to weather at the time of a Temporary Certificate of Occupancy (TCO) request on non-residential construction sites and release of Building Permits on residential construction sites.  Please refer to the Budget Impact section of this memo for further information on this item.
 
GESC Field Manual
This amendment removes references to the GESC Field Manual to reflect the Municipal Separate Storm Sewer System (MS4) Permit program modification submitted to the Colorado Water Quality Control Division documented on March 8, 2013.
 
Miscellaneous Forms and Details
This amendment updates the GESC Permit Application Forms to include provisions for permit transfers and extensions.  This amendment updates the GESC Opinion of Probable Cost Spreadsheet to include 115% calculation already in effect but not currently reflected on the form.  This amendment incorporates minor GESC detail corrections identified since the last update.
 
Budget Impact
 
There are no budget impacts associated with the proposed amendment to the Manual with the exception of one item.  Currently, there is no provision in place to allow developments to obtain a Temporary Certificate of Occupancy (TCO) or Building Permit until all final stabilization is complete.  This is problematic during winter months when weather prevents native grass seeding.  By providing an allowance for a 6-month permit extension, projects may receive a TCO or release prior to final stabilization.  A TCO is valid for a period of 180 days prior to which point all outstanding items must be completed and a Certificate of Occupancy obtained.  The fee to extend the GESC permit for a period of 6 months is $660, which covers the additional cost of service for inspections during this period and will be assessed at the time of TCO or Building Permit release.
 
Staff Recommendation
 
Staff recommends approval of the Ordinance amending Title 15.34.010 of the Castle Rock Municipal Code adopting by reference as Primary Code the 2015 the Grading, Erosion, and Sediment Control (GESC) and Drainage, Erosion and Sediment Control (DESC) Manual
 
Proposed Motion
 
I move to approve an Ordinance amending Title 15.34.010 of the Castle Rock Municipal Code adopting by reference as Primary Code the 2015 the Grading, Erosion, and Sediment Control (GESC) and Drainage, Erosion and Sediment Control (DESC) Manual.
 
Attachments
 
Attachment A:  Ordinance
Exhibit 1:       GESC/DESC Manual