Sec. 138-442. Stormwater permit.
(a) Required. It shall be unlawful for any person to begin construction upon or cause any excavation or grading of any site within the city without first having procured a stormwater quality permit when such permit is required by the rules and regulations promulgated pursuant to this article in accordance with federal and state stormwater control requirements.
(b) Application. Prior to commencing any construction upon or excavation or grading of any site within the city, every person shall make application to Aurora Water for a stormwater quality permit. Such applicant shall set forth on the forms provided by the general manager, all necessary technical information and data as may be required.
(c) Fee. The filing of any application under this section shall be accompanied by the payment of a stormwater quality permit fee. Such fee shall be promulgated by the general manager and shall be assessed for the purpose of defraying the cost of all inspections and plan reviews regarding the site of the construction, excavation, or grading. Such fees shall be in addition to those fees required by other sections of this Code.
(d) Inspection. Any person requesting an inspection of such site at any time other than normal city business hours of 7:30 a.m. through 4:00 p.m., Monday through Friday, or on any legal holidays shall reimburse the city for all reasonable costs expended by the city in making such inspection.
(e) Fiscal security. An applicant for a stormwater permit shall be required to post fiscal security as follows for the purpose of securing the city against all costs, charges, and expenses incurred by the city due to the failure of the permittee to perform all requirements of the permit pertaining to installation and maintenance of stormwater BMPs:
(1) The amount of the fiscal security required shall be the lesser of 25 percent of the total opinion of probable costs for installing and maintaining construction erosion and sediment control BMPs, or $250,000. In the event that 25 percent of such probable costs is less than $1,000, no fiscal security bond is required.
(2) The fiscal security requirement may be satisfied with a surety or cash bond. Cash bonds may be in the form of a cashier's check, bank draft, certified check, bank money order, or cash. No interest will be paid to the permittee on cash bond funds. A surety bond shall be an irrevocable bond payable to the city in the required amount. Such bond shall be valid for a minimum period of two years from its date of issue. Such bond shall be renewed as required thereafter, so that the bond shall continue coverage until final closeout of the permit. Such bond must be executed by a commercial financial institution or corporate surety company authorized to do business in Colorado.
(3) If there exists an immediate danger to public health or safety, or if the permittee fails to correct or restore a site following a notice of violation or stop work order, the city may enter upon the subject property and complete the necessary correction or restoration and may draw on the posted fiscal security and use the funds to recover all costs incurred by the city. If the city incurs costs that are not recovered in full by drawing on posted fiscal security, the general manager shall send a demand notice to the permittee and the registered property owner of such property where the correction or restoration was done for payment of city incurred but unrecovered costs. If the permittee or property owner fails to pay the costs within 30 days of such notice being sent, the amount shall constitute a lien against the real property upon which the expense was incurred. Any notice of lien shall consist of a sworn statement setting out:
i. A description of the real estate sufficient for identification thereof.
ii. The amount of money representing the cost and expense incurred or payable to the city.
iii. The date when such cost and expense was incurred by the city.
(4) Fiscal security must remain in place until final closeout of the stormwater permit.
(5) In the event of a permit transfer, the original permittee is eligible for a refund of their posted fiscal security once the permit has been transferred and the new permittee has posted the required fiscal security.
(6) The general manager may waive the required posting of fiscal security when the applicant and/or owner is a governmental entity; provided, that the general manager finds the city's financial exposure with such waiver is reasonably limited or that the city's financial interests which would be protected by posted fiscal security are adequately protected by other means.
(f) Denial. A new stormwater quality permit may not be issued to any applicant nor may a contractor be allowed to perform work under a new or additional permit when such applicant or contractor has failed to diligently complete and discharge his or her performance and warranty obligations under a previous permit.
(g) Disposition of fees. All fees as provided in this section shall be credited and deposited to an Aurora Water account to defray the cost of services set forth in this article.
(h) Other requirements. It shall be the responsibility of the applicant or subdivider to obtain any permit(s) required under section 404 of the Clean Water Act, as well as all other required local, state, and federal permits for the construction, placement, installation or implementation of the proposed facilities or measures. Unless otherwise agreed to in writing by the general manager, it shall be the responsibility of the applicant or subdivider to obtain any floodplain maps, amendments or revisions due to construction, placement, installation or implementation of proposed facilities or measures. (Code 1979, § 39-166; Ord. No. 2023-44, § 50, 9-11-2023; Ord. No. 2015-25, § 26, 6-29-2015; Ord. No. 2009-50, § 1, 11-16-2009; Ord. No. 2007-92, § 3, 1-7-2008; Ord. No. 2005-74, § 1, 10-10-2005; Ord. No. 98-96, § 7, 1-11-1999; Ord. No. 98-56, § 4, 8-3-1998)