Chapter 13.10
WATER SUPPLY PROTECTION DISTRICT
Sections:
13.10.010 Intent of water supply protection district.
13.10.020 Jurisdiction and map.
13.10.040 Prohibited and restricted activities.
13.10.050 Permit and hearing procedure.
13.10.010 Intent of water supply protection district.
The purpose for which this water supply protection district is established is the full exercise of the powers of the town of Granby in maintaining and protecting the town’s waterworks from injury and its water supply from pollution or from activities that will create a hazard to health and water quality or a danger of pollution to the water supply of the town. This water supply protection district is created under the authority granted in Section 31-15-707(1)(b), C.R.S., as amended, and other Colorado statutes. Further, this water supply protection district and the following regulations are created for the purpose of protecting the town’s water and waterworks only, and not for the purpose of regulating land use. The regulation of land use within the water supply protection district shall be and remain the responsibility of the respective county or municipality having jurisdiction over the area in question, and nothing herein shall restrict or supersede the respective jurisdiction’s land use authority. The town’s authority herein shall be for the purpose of reviewing and restricting any activity within the water supply protection district which creates a foreseeable risk of damage or injury to the town’s water supply. The town’s review authority within the water supply protection district shall therefore be concurrent to the authority of the town and any other governmental entity to review and/or require permits for the same or related activities regulated under any other laws or regulations. [Ord. 542 § 1, 2002. Code 1999 § 20-1-1].
13.10.020 Jurisdiction and map.
The jurisdiction of the water supply protection district shall extend over the entire territory occupied by the town of Granby and all tributary water sources for five miles above the town’s point of diversion on the Fraser River. The water supply protection district is divided into three zones: Water Supply Protection Zones 1, 2 and 3, as defined in GMC 13.10.030. The water supply protection district map accompanies the ordinance codified in this section and, with all notations, references and other information shown thereon, is incorporated herein as part of this chapter. The official water supply protection district map is located in the office of the town clerk. [Ord. 548 § 1, 2002; Ord. 542 § 1, 2002. Code 1999 § 20-1-2].
13.10.030 Definitions.
Whenever the following words or phrases are used in this chapter, they shall have the following meanings:
“Activity” is conduct secondary to the land use or zoning designation.
“Best management practice” means the most effective means of preventing or reducing harmful effects of certain activities to a level compatible with town standards.
“Foreseeable risk” means the reasonable anticipation that harm or injury may result from acts or omissions.
“Person” means any individual, corporation, business trust, estate, trust, partnership, association or any other legal entity.
“Pesticide” shall be as defined in Section 35-9-103, C.R.S., as amended.
“Pollution” means the manmade, man-induced, or natural alteration of the physical, chemical, biological and radiological integrity of water or soil.
“Pollution-hazard activity” means any of the following activities:
(1) Constructing a sewage disposal system.
(2) Drilling operations.
(3) Surface and subsurface mining operations.
(4) The storage and application of pesticides (herbicides and/or insecticides) in any manner, except for private residential or business use.
(5) The storage and application of fertilizers in any manner, except for private residential or business use.
(6) Using, handling, storing, dispensing or transporting toxic or hazardous substances, including but not limited to radioactive materials.
(7) Using, handling, storing, dispensing or transporting flammable or explosive materials, including petroleum products, except for storage of not more than 25 gallons of petroleum products in a private home or business and except for fuel in vehicular fuel tanks.
(8) Using, handling, storing, dispensing, or transporting organic nutrients, including phosphorous and nitrates, or engaging in activity that creates the same.
(9) Any solid or liquid waste disposal.
“Public well” means any well used to supply water to the public water system owned and operated by the town or to any other public water system operated by a governmental entity that provides domestic water service to businesses or residences within the town of Granby, whether such well is operated on a continuous, intermittent or temporary basis. The approximate location of existing public wells is shown on the water supply protection district map.
“Sewage disposal system” means a septic tank or other facility designed and constructed for the purpose of receiving and disposing of sewage, including individual septic disposal systems but excluding mechanical wastewater treatment plants.
“Use” or “land use” is the purpose for which land or a building is designed, arranged, or intended, or the purpose for which land or a building is, or may be, occupied or maintained. “Use” or “land use” is synonymous with zoning categories such as residential, commercial, industrial or agricultural.
“Using” within the context of this chapter shall refer to an activity and not a right conferred by the land use or zoning designation.
“Water Supply Protection Zone 1” or “Zone 1” means all area within a 2,500-foot radius of any public well, as well as all area within a 150-foot setback from the high water mark on each side of the Fraser River, within the town of Granby.
“Water Supply Protection Zone 2” or “Zone 2” means that part of the Water Supply Protection District outside of Zone 1 but within the corporate limits of the town of Granby.
“Water Supply Protection Zone 3” or “Zone 3” means that area within a five-mile distance above the town’s point of diversion on the Fraser River, but outside of the corporate boundaries of the town.
“Waterworks” or “water supply of the town” means all public wells and any and all other components of the public water system or systems providing domestic water service to residences and businesses within the town of Granby, including, but not limited to, all pumps, filtration facilities, transmission and distribution lines, and storage facilities, regardless of ownership of said facilities. [Ord. 548 § 7, 2002; Ord. 542 § 1, 2002. Code 1999 § 20-1-3].
13.10.040 Prohibited and restricted activities.
(a) It shall be unlawful for any person to cause injury or damage to public wells or other waterworks.
(b) It shall be unlawful for any person to engage in any pollution-hazard activity within Water Supply Protection Zone 1 of the water supply protection district. The board of trustees finds that the conduct of any such pollution-hazard activity within Zone 1 poses an unreasonable risk of the release of contaminants that could cause pollution to the public water systems serving the town, and due to the proximity to public wells and major watercourses, the town would not have adequate time following any such release of contaminants to protect or provide for a substitute water supply. Consequently, the prohibition of any such pollution-hazard activity within Zone 1 is required to adequately protect the health, safety and welfare of the inhabitants of the town. This subsection shall not apply to water treatment facilities associated with public water systems that have been reviewed for appropriate safety measures and approved in writing by the town’s engineer.
(c) It shall be unlawful for any person to engage in any pollution-hazard activity within Water Supply Protection Zone 2, unless such person shall, prior to undertaking such activity, obtain a permit for such activity under the provisions of this chapter and applicable federal and state laws and regulations. The board of trustees finds that the conduct of any such pollution-hazard activity within Zone 2 poses a potential or threat of pollution to the town’s water supply, but it may be possible to satisfactorily manage and mitigate such threat through the permit process and standards provided in this chapter.
(d) In the event that any activity not included in the definition of pollution-hazard activities set forth in GMC 13.10.030 is being conducted in such a manner that the board of trustees finds that a foreseeable risk of pollution to the town’s water supply exists from such activity, the person responsible for such activity shall be notified by the town of such finding and the town may require that such activity cease and desist until such person obtains a permit for such activity under the provisions of this chapter.
(e) The town will monitor activities in Water Supply Protection Zone 3, which includes areas of the water supply protection district outside the town’s boundaries, and will work cooperatively with other governmental authorities having land use jurisdiction in those areas to protect public water supply sources from pollution. The permit requirements contained in GMC 13.10.050 will not normally apply to activities in Zone 3; provided, however, that if the board of trustees finds that any pollution-hazard activity or other activity is proposed or is being conducted in any area included in said Zone 3, which presents a foreseeable risk of pollution to the town’s water supply and which is not being effectively managed by another governmental authority, the person responsible for such activity shall be notified by the town of such finding and the town may require that such activity cease and desist until such person obtains a permit for such activity under the provisions of this chapter. [Ord. 840 § 1, 2015; Ord. 542 § 1, 2002. Code 1999 § 20-1-4].
13.10.050 Permit and hearing procedure.
(a) Application and Fees. An applicant for a water supply protection district permit shall submit the following to the town:
(1) A completed application form as prescribed by the town. If the applicant is not the owner of the subject property, the owner shall also sign such application and the applicant shall set forth its interest in the proposed activity. An application will not be deemed to be complete until all information required by the town has been submitted to the town.
(2) A full and complete description of the proposed activity for which a permit is sought, including, if applicable, a discussion of any future activity anticipated by the applicant with respect to the subject property for which a permit may be required hereunder.
(3) Two sets of plans and specifications which shall contain the following information:
(i) A vicinity sketch or other data indicating the site location and legal description for the subject property, and showing the location of any public wells or watercourses in the vicinity in relation to the proposed activity.
(ii) Boundary lines of the property for which the application is sought, if applicable.
(iii) Location of any buildings or structures within 50 feet of the proposed activity.
(iv) Accurate contours establishing the topography of the existing ground.
(v) An accurate soils, geologic and natural hazards report and map, including a floodplain map, if applicable. The information provided shall include soil types and geologic formations affecting tributary and nontributary water sources.
(vi) Elevations, dimensions, location, extent and the slopes of all proposed excavating, grading, filling or surfacing shown by contours and/or other means.
(vii) Details of all drainage devices in connection with the proposed activity.
(viii) A statement of the amount and location of any matter proposed to be deposited in areas other than that shown on the plans.
(ix) Nature and location of existing vegetation and a statement as to the effect of the proposed activity on such vegetation.
(4) Identification of any activity that may present or create a foreseeable risk of pollution to the water supply of the town of Granby along with a specific description of the measures, including best management practices, specific federal and state laws and regulatory guidelines, and industry standards that will be employed by the applicant to obviate such risks.
(5) Any and all additional information that may be specifically requested by the town, including, but not limited to, the following:
(i) A map showing the drainage pattern and estimated runoff of the area of the proposed activity.
(ii) Revegetation, stockpile management, and reclamation plans and specifications, including a timetable for the same.
(iii) A soils analysis, including the nature, classification, infiltration capacity, distribution and strength of existing soils, and recommendations for earth moving procedures and other design criteria.
(iv) A geologic analysis of the site and adjacent areas and its impact on the proposed activity.
(v) An operation and maintenance analysis, including reporting requirements and schedules of the proposed activity.
(vi) Water use analysis, including legal basis, source, quality, amount of consumptive use, impact on ground water and discharge characteristics.
(6) Each applicant shall submit a water supply protection district permit application fee to the town at the time of filing such application. The applicant shall be assessed a fee sufficient to cover the costs of publication, hearing, processing, administration, inspection and enforcement of such requested permit. The minimum fee hereunder shall be fixed by resolution of the board of trustees. In the event the fee charged by the town at the time of application is determined to be insufficient to cover the town’s costs, the town shall have the right to charge the additional fee prior to the issuance or denial of any permit. No water supply protection district permit shall be issued until all such assessed fees have been paid.
(b) Review, Analysis and Risks.
(1) Within 30 days following receipt of a completed application and following a site inspection, if necessary as determined by the town, the town staff shall review the application and prepare an analysis of the proposed activity, including a discussion of any factor that may present or create a foreseeable risk of pollution to the water supply of the town, along with an analysis of the measures, including best management practices, if any, that are proposed by the applicant to obviate such risks and submit such analysis to the board of trustees.
(2) In undertaking the analysis of any proposed activity, the following factors, among any others that may be deemed relevant, shall be considered:
(i) Nature and extent of the proposed activity.
(ii) Proximity to existing public wells and watercourses.
(iii) Drainage patterns and control measures.
(iv) Soil criteria.
(v) Geologic factors.
(vi) Point source effluent emissions into water or ground water.
(vii) Ambient and nonpoint source effluent emissions into water or ground water.
(viii) Vehicular and motorized activity.
(3) The town staff may classify in writing an application as minor impact based upon the analysis set forth in subsections (b)(1) and (2) of this section if the proposed activity clearly does not present or create a foreseeable risk of pollution to the water supply of the town. Within 30 days after any such minor impact classification, the board of trustees shall conduct the hearing required hereunder and render a decision regarding the issuance or denial of a water supply protection district permit to such applicant. The failure of the board of trustees to render such decision within the time limits herein set forth shall be deemed and considered affirmative action on the issuance of the requested permit for any application as minor impact.
(4) The town staff may classify in writing an application as no impact in the following fashion. A potential applicant for a water supply protection district permit may apply for a no impact finding relative to the proposed activity. Such application shall be accompanied by such information, in writing, as the town staff needs to determine whether a no impact finding is warranted. Such information may be less than is required under subsection (b)(1) of this section, and the board of trustees may, by resolution, establish a reduced permit fee for applications seeking findings of no impact. Upon such application, the town staff shall determine whether the proposed activity is of a type or location such that no negative impact on the town’s water sources is reasonably foreseeable. If such a no impact finding is made, the town staff shall immediately issue a water supply protection district permit for the proposed activity. After issuance of said permit, the town staff shall report same to the board of trustees at its next regular or special meeting, and shall also keep a record of such no impact permits for the purpose of assessing the cumulative impact of no impact activities. If the town staff does not make a no impact determination, that decision may be appealed to the board of trustees at its next regularly scheduled meeting. At said meeting the board may, based upon the same standards as set forth above, grant a no impact permit for the proposed activity, or uphold the town staff’s determination.
(c) Hearing. Upon receipt of the analysis from the town staff, the board of trustees shall conduct a public hearing to review the application and analysis and shall render a decision regarding the issuance or denial of a water supply protection district permit to such applicant within three months after the conclusion of such hearing, unless the activity requires approval of permit from any agency of the county, state or federal government and which approval or permit procedure exceeds the time requirements of this chapter; then, and in that event, the town shall have an additional 60 days following the final decision of such county, state or federal government approval or permit procedure to conduct the public hearing required hereunder and render a decision regarding the issuance or denial of a water supply protection district permit to such applicant. The board of trustees may require additional information from any applicant, in which event the public hearing and decision may be delayed or continued until receipt of such additional information.
(d) Standards for Issuance of Permit. A water supply protection district permit shall be issued when the board of trustees finds that the applicant has sustained the burden of proof that the proposed activity including best management practices, if any, does not present or create a foreseeable risk of pollution to the ground water within the water supply protection district. A water supply protection district permit shall be denied when the board of trustees finds that the applicant has not sustained such burden of proof.
(e) Permit Conditions. The board of trustees in issuing any water supply protection district permit may prescribe any conditions it may deem necessary to effect the intent of this water supply protection district. The board of trustees may require any applicant to post surety bond or cash in an amount sufficient to ensure compliance with the water supply protection district permit, including, but not limited to, the cost of maintenance, operation, revegetation, reclamation, remediation and other requirements of proposed activities. The board of trustees may release to the applicant portions of any such bond or cash from time to time when no longer necessary to ensure compliance with the water supply protection district permit.
(f) Duration of Permit. A water supply protection district permit shall remain valid so long as the applicant complies with the approved terms and conditions of the permit, unless a specific time limit for the activity is set forth as part of the permit approval. If an approved activity for which a water supply protection district permit is issued is not commenced within nine months from the date of issuance of such permit, or if the activity is discontinued for any reason for a period of one year, the permit shall be deemed to have expired, unless otherwise provided in the permit itself.
(g) Notice of Hearing. Notice of any public hearing hereunder shall be given at least 14 days in advance of the public hearing by not less than one publication in a newspaper of general circulation in the town of Granby or by other such means of publication as approved by the board of trustees for official publications.
(h) Joint Review Process. Any permit required hereunder can be reviewed and issued pursuant to a joint review process with any other government entity or agency charged with the review and approval of the same activity or activities. [Ord. 542 § 1, 2002. Code 1999 § 20-1-5].
13.10.060 Enforcement.
(a) Right of Entry. Whenever necessary to make an inspection to enforce any provision of this chapter, an authorized representative of the town may go upon any land at any reasonable time to inspect the same or to perform any duty imposed hereunder; provided, that he identify himself and, if such land be unoccupied, that he shall make a reasonable effort to locate the applicant or other persons having control of such land to notify them of such entry.
(b) Stop Work Order. Whenever any work or activity is being done contrary to the provisions of this chapter, or in violation of the terms of any water supply protection district permit issued hereunder, the town or its authorized representatives may order the work stopped by notice in writing served on the applicant or any person engaged in or causing such activity to be done, and any such person shall cease such activity until authorized by the town to proceed. The town shall reserve the right to revoke or suspend any permit issued hereunder if work or activity is not done in accordance therewith. [Ord. 542 § 1, 2002. Code 1999 § 20-1-6].
13.10.070 Regulations.
The board of trustees may issue regulations providing guidelines and criteria to carry out the purposes of this chapter. [Ord. 542 § 1, 2002. Code 1999 § 20-1-7].
13.10.080 Activity in progress.
A lawful use or activity being carried on in or on any buildings, structures or land at the time of the enactment of the ordinance codified in this chapter may be continued even though it does not conform to the requirements of this chapter. Ordinary repairs and maintenance of any existing building, structure or land shall be allowed. Any change, expansion, alteration or enlargement of such existing lawful use or activity shall be subject to all requirements of this chapter. [Ord. 542 § 1, 2002. Code 1999 § 20-1-8].
13.10.090 Violation and penalty.
(a) Violations. Violations of the provisions of this chapter shall be a misdemeanor and punishable by a fine not to exceed the maximum penalty set forth in GMC 1.05.090. Each day that such violation continues to exist shall be considered a separate offense.
(b) Actions. Any activity which is continued, operated or maintained contrary to any provision of this chapter is unlawful. The town of Granby may institute injunction, abatement or any other appropriate action to prevent, enjoin, abate or remove such violation in which event the town shall be entitled to recover court costs and attorney’s fees.
(c) Remedies. The remedies herein provided shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. [Ord. 822 § 2, 2014; Ord. 808 § 1, 2014; Ord. 554 § 1, 2002; Ord. 542 § 1, 2002. Code 1999 § 20-1-9].