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' , ~ `, y ., • •~~ ~ - _~t. s 4« :1 ~ (~ 'e.aL:~X.2-L _~ _ - -. ~ _~ __.~ .te c..~...` ._ ~ 1. Y" a __ , _e. ... o.. .t ~ 't~ ..s~ ~' _ - _ ýÿ O :TOWN OF FRASEI~ "Icebox of the Nation" P.O. Box 120 / 153 Fraser Avenue Fraser,~Colorado 80442 (970) 726-5491 FAX Line; (970) 726-5518 Manager's Briefing, Apri12,1999 0 D Nat is settling in and appears to be erijaying the vagaries of gov:,Y~...~ental accounting and Fraser's finances. I still can't help but grinning every time I think about what Nat's background and skills will mean for the Town's administration. Big THANKS AND KTTDOS to Vicky for all of her work on the Town's finances and for training Nat..: Wednesday night will be-busy. We'll begin at 7:00 with a requested executive session (see the enclosed confidential memo). Then its on to the regular meeting. where you'll, consider several action items e after hearing .from the Grand County Tourism Board and an update from the Grand County Road & Bridge Department about the proposed Fraser Valley Parkway. We'll have the regular meeting in the gym. Staffis recommending approval of an ordinance that will create a water supply protection district. The district identifies a `.`critical-protection zone" that surrounds each well and extends 150 feet on - . each side of a designated waterway' These distances are based on data. from. the United States Geologic Service and the Colorado Source Water Assessment Program. Although this is not a land use ordinance,. certain types of land-uses would be restricted in the critical protection zone. Last October; we adopted a moratorium on development that could have an adverse impact on - oui wells. That moratorium expires on Wednesday which is why the ordinance is proposed as an emergency. Over the weekend I will be doing some more work on this ordinance, so it.is possible that we will deliver a revised ordinance on Tuesday night. ' Todd Holzworth will be present to answer questions about the proposed change from the 1991 Uniform Fire Code to the 1997 Uniform Fire Code. The most substantive change will require sprinkler system installations in more buildings. We opened three bids for the paving project la t week: Elam Construction Company was the low bidder (see the enclosed bid sheet) but still $123,000 over the engineer's estimate. Tim Swanson, Tim Tucker, -and I have already begun the work of negotiating changes in the co~t~act that will save a bit here and a bit there. In addition to approving the c.,~t~ act with Elam, you are being asked to approve two new co~~l,~.cts with Bucher,-Willis & Ratliff:' one to provide contract management during construction of phase one and the second to design and manage construction of the second access at the Safeway -site. Based on Elam's bid, I'm estimating that the entire ' • drainage and paving r: ,,; ect -will ~icost $2.7 million, not the $2.4 that was originally estimated. I am f i ~. rec ~ .......ending that we move forward with the contract as I believe we will, be able to shift some • spending around and draw on our fund reserves allowing us.to complete the project. ~:. Finally, we'-ll consider the noise ordinance, again, with the changes you.requested the last time r you considered this ordinance. My observation about this issue, is that it reflects on how you. do business as a Board and how we do business as the Town. Da you need tv reach consensus or _ consent on this item? An item that reaches consensus is agreed to by everyone ("I can actively support this") and is very important to the entire community: We should- work hard and be willing to expend substantial resources to reach consensus. An item that deserves consent is less k -critical to the entire community and reflects an attitude of "I can live with that." As a Board, you ~~ need to determine if this is an -item that deserves consensus or consent, a decision that has a direct ~~ impact on how Ifollow-up on the Board's ,direction. See you Wednesdays • ~. I ~4 ~~ `~ r V ~, • o ~ q ~ SOWN OF ERASER "Iceboz of the Nation" ~' P.O. Box 120 / 153 Fraser Avenue I~ Fraser, Colorado 80442 ~p (970)-726-5491 FAX' Line: (970) 726-5518 i ~ CO1~r,.r,ENTIAL MEMORANDUM, . i. To: Mayor Johnstrn and the Board of Trustees From: Chuck Reid ~;~,~1~- ~ Date: April ~, .1999' Subject: Real Estate: Water Rights and Uses Over the past two years we have continually stated to-the community that water rights, especially ~~ those associated with the development of the St. Onge parcel, is a critical issue fqr the Town. As ' discussions about the devel.,~..uent of the St. Onge parcel quickens,; this has become a hot issue. Dave Zink, -owner of Morningstar Ranch (east on CR 8), would like to address the Board about a ~ potential- solution to the St. Onge parcel's water rights, issue., ` . ~ • ~~ Without going into.too much detail, the Town of Fraser made,a com.~.~l...ent to the previous owners of Morningstar Ranch that allowed the property 'access to the Fraser water system. Dave ~. would like to explore restructuring this commitment in a way that would "free up" access to Eraser's system- for .other uses: Details `will be discussed Wednesday in a requested executive r ~~ session. ~^_ fY, . ~.. ' «~ '.. - ~ - ~. L~ ýÿ • TOWN BOARD MARCH 17, 1999 The regular meeting of March 17, 1999 was called to order at 7:30 p.m. Board present were Mayor Johnston, Sanders, Soles, Rantz, Swatzell and Klancke. Staff present were Reid, Trotter, Winter and Stone. Soles made a motion to approve the minutes of 3/3/99 meeting, 2"d Rantz, carried. ACTION ITEMS MARYVALE WATER AUGMENTATION PLAN STIPULATION Board discussed the Maryvale water augmentation case. The Town is an objector in the case to the extent that we want to monitor the filing and agreements. Cazier advised the Board as to the stipulations agreed to as of this date and those pending. Swatzell made a motion to approve the prepared Stipulation between the Town of Framer and Maryvale LLC case No. 98CW041, 2"d Klancke, carried. ORDINANCE 260 CONVEYING FRA5ER'5 INr~.REST IN REAL PROPERTY TO THE GRAND COUNTY HOUSING AUTHORITY Reid presented the proposed Ordinance 260 for Board's review. Reid advised that the Authority is working on a 64 unit affordable housing complex to be built on the property. Soles made a motion to adopt Ordinance 260 as an emergency Ordinance, 2"d Swatzell. Vote, all aye. DISCUSSION ITEMS Board would like the Fire District to give a presentation on the 1997 Fire Code that is proposed to be adopted. Board directed Reid to proceed with the Ordinance creating the Byers Vista Improvements District. • ACTION ITEMS SAFEWAY LIQUOR LICENSE CHANGE OF LOCATION Sanders made a motion to open the public hearing, 2"~ Swatzell, carried. Winter presented the application for the change of location of the Safeway Store from 421 Zerex to 40 County Road 804, as well as a name change from Safeway Store # 837 to Safeway Store # 1568. All required notices and posting have been accomplished. No comments have been sent to the Town Hall regarding this license. No public comment. Soles made a motion to close the hearing, 2"d Rantz, carried. Rantz made a motion to approve the change of location and the name change and grant the 3.21icense, 2"d Swatzell, carried. GRAND COUNTY WATER AND SANI. DIST. SPECIAL USE PERMIT Sanders made a motion to open the hearing for the business special use permit for Grand County Water and Sanitation District, 2nd soles, carried. GCWSD staff and consultants reviewed for the Board the project with changes resulting from previous meetings with the Board and the Planning Commission. No comments from the audience. Klancke made a motion to close the hearing, Znd Rantz, carried. • Rantz made a motion to grant the variance for a water well conditioned that should a water main be located within 100' of the south boundary, well will be abandoned and building will be served by that source, 2nd Klancke, carried. Swatzell made a motion that a height variance be granted as proposed, 2nd Sanders, carried. Sanders made a motion approving the site plan with the following conditions: 1. Approval of the 201 Plan dated Feb. 1999, prepared by Integra Engineering ,and changes in design resulting from the approval process will come back to the Town and processed through the permit process. . 2. Approval of the site application by CDPHE. 3. Dust controlled during construction. 4. An impervious barrier is placed under the primary detention area extending an additional 2 feet in elevation. 5. Outdoor lights to be unobtrusive. 6. As built of the existing site specifically regarding the clay liner, provided to the Town prior to building permit. 7. A specific timeframe for the pond reclamation will be approved by the Town prior to building permit. 8. Site regrading will NOT impact the existing clay liner. All construction documents relating to site excavation will be provided to the Town prior to building permit and 48 hour notice prior to any excavation work will be provided to the Town. 9. Prior to issuance of the temporary Certificate of occupancy ,GCWSD will provide a • plat of the entire 24 acre site that clearly delineates the developable parcel and the open space parcel. • 10. Prior to issuance of a building permit, GCWSD will provide the Town a copy of the state required stormwater management plan. 11. Prior to final grading, construction grading will insure no run-off from the site will enter the basin excavation site. 12. Proof of site access and easements identified prior to building permit. 13. Roof dormers added over the main doors. 14. Landscaping beefed up/ more trees in back side and change out some Aspen for evergreens. 15. GCWSD will get an estimate for placing the electric underground from US 40 to the existing pole. Board will look at the expense and decide what the requirement will be for this project. 16. Town will receive a construction time frame prior issuance of a building permit . 17. Keep Highway 40 clean and maintained during construction. 18. Permit is granted fora 2 year time frame. 19. Any material changes from the presented information will come back to the Board for approval. Motion was 2nd by Swatzell, carried. STAFF CHOICE Trotter and Reid discussed changes that could be considered in the business zone that • would allow a first floor commercial building to build employee housing on the top floors. Looking at a specific existing site, the regulations would need to be changed to a 15% open landscaped requirement to make this work. Trotter suggested a new definition of mixed use to accomplish this. Trotter also is making some changes to the subdivision regulation that will be included in the new document. Well head protection proposed Ordinance language discussed. Staff was given enough information that they will pursue an Ordinance. No further business, meeting adjourned at 10:30 p.m. ýÿ ~o~~,~a ~i '~ ~~k ~ ~;~ti ~e~ l1 ~d.° ~,'' • • TOWN OF ERASER ORDINANCE NO. AN ORDINANCE ESTABLISHING A WATER SUPPLY PROTECTION DISTRICT FOR THE TOWN OF ERASER, PROHIBITING CERTAIN ACTIVITIES IN CLOSE PROXIMITY TO PUBLIC WELLS, ESTABLISHING A PERMIT SYSTEM TO REGULATE CERTAIN ACTTVt t tr.S WHICH CREATE A FORESEEABLE RISK OF DAMAGE OR INJURY TO t ttr, TOWN'S WA t'~K SUPPLY, PROVIDING PENAL t trS FOR VIOLA ~ YuNS THEREOF, AMENDING APPLICABLE PROVISIONS OF THE CODE OF THE TOWN OF ERASER, AND DECLARING AN EMERGENCY. WHEREAS, the Town of Fraser relies sh}clo--upon groundwater for its domestic water supply; arnd - WHEREAS, there is substantial evidence that groundwater supplies across the country are being, or are at risk of being contaminated by various pollutants f....,. industrial and other sources; and . • + WHEREAS, groundwater pollutants often migrate considerable distances before detection in domestic groundwater supplies; and WHEREAS, the Colorado Legislature has conferred upon municipalities the ability to regulate and protect their water supplies within the territory five miles above their water source and to enact all ordinances and regulations necessary to carry out said authority; NOW, THEREFORE, BE TT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ERASER, COLORADO, THAT: PART l: AMENDMENT TO TOWN CODE. The Code of the Town of Fraser, Colorado is hereby amended by adding a new Article 7-11 to said Code entitled "Water Supply Protection District", which shall read as follows: ARTICLE 7-11 WATER SUPPLY PROTECTION DISTRICT Section 7-1, 1,-~,, Inkenx pf Water Supply Protection District. • (1) The purpose for which this Water Supply Protection District is established is the full exercise of the powers of the Town of Fraser 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 • _ ~ich'S°~`' I u of the Town. This Water Supply Protection District is created under the authority granted in Section 31-15-707 (1)(b), Colorado Revised Statutes, 1973, 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 . s the Water Supply Protection District shall be and remain the responsibility of the k 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 restricti~ airy Q~ activity within the Water Supply Protection District which creates a foreseeable risk of i'~ damage or injury to the Town's water supply. The Town's review authority within the ~~, Water. Supply Protection District shall therefore be c.,aararrent to the authority of zany other governmental entity to review and/or rernure permits for the sam t7a;:~,.t~,,,6,~:..r~s ~~a~ ~iSZIlN 1~~~M~u ~ajfs ~.r ~la~r.~,R~7,~[Y.[LLfFQ•:ir1VQ:'~:~•?1~3~I~••17rilVlVT•: •••• ~aii.~i~:' , ~ • ~ ~ ~ +~~ Section 7-11-2. Jurisdiction and Mao Z-~e~. ~ ~. ~ ~' 4 ~, 1 ew" (1) The jurisdiction of the Water Supply Protection Distric 11 extend ove a entire ~ ti' ~Y territory occupied by the Town of Fraser and all water sources tribute thereto for five .1` miles above the well fields 1 i the Town of Fraser's waterwor .The Water ~ ~ ~ uPPY~ Supply Protection District Map accompanies this Ordinance and, with all notations, references and other information shown thereon, is incorporated herein as part of this Ordinance. The official Water Supply Protection District Map is located in the office of the Town Clerk. Section 7-11-3. Definitions. (1) Whenever the following words or phrases are used in this Article, they shall have the following meanings: (a) "Activity" is conduct secondary to the land use or zoning designation. "Using" within the context of this Article shall refer to an activity and not a right conferred by the land use or zoning designation. (b) "Best management practice" means the most effective means of preventing or reducing harmful effects of certain activities to a level compatible with Town standards. I /~ (c) ~"Critical l~r~et~~iea Zone"~neans that area within a .,..~ ~1.,;...,~al,~:veTj<ttiCl ~ ~ ( foot (l, ~%tt;) radius of any Public Well, and the area within a one hundred fifty foot (150') setback from the ii i water m~ ion each side of the Fraser ~ , L,: River, Elk Creek, Leland Creek and Saint Louis C reek within the Water Supply ~j ~~ ~ Protection District. 1 ~~ G ~ ~~~ ~~~~~wR w _~_ ~' ~ J~ ~~~, t • • • p~5 (d) "Foreseeable risk" means the reasonable anticipation that harm or injury may result from acts or omissions. (e) "Person" means any individual, corporation, business trust, estate, trust, partnership, association or any other legal entity. (fj "Pesticide" shall be as defined in Section 35-9-103. CRS, as amended. (g) "Pollution" means the man-made, man induced, or natural alteration of j~e ~ physical, chemical, biological and radiological integrity of watern go i I . (h) "Pollution-Hazard+Activity" means any of the following activities: i g ag ~ GXc~ ~ ~ •• (i) Constructing a sewage disposal syste awie~ ~~~,ua~. ~~~ fyi'fj ~cecvaiifbny,~.~.lingr fi1l~Yng~6r s~'f~ei~g„ (iii) Drilling operations. Div) Surface and subsurface mining operations. ~~,, ~ (v) Thy application of pesticides (herbicides and/or insecticides) in any manner. e~~E ~ dovn~+c ~w- P~ , ~~ ~~,,aa ~ ~ ~ ~- (vi) The~~ppiication of fertilizers in any manner; ~ ' ~"~~ % (vii) Using, handling, storing, dispensing or transporting toxic or hazardous ~~'~' substances, including, but not limited to radioactive materials. L~~~I,-d~"~~ ~ n9t+v~ , ~~~'.g ~ ~~+~~,~ r~ Rerr-lr-g n '~,,,r,+pQ,~~-5 0-ga~wlc ~~~~~ 7a•h$~~ t~J (viii) Using, handling, stonng, dispensing or transporting flammable or -~ ~~ explosive materials, including petroleum products, except for domestic ~`~' purposes or within ~vehic g fuel' st~.~;:. tanks r (ix) Arty solid or liquid waste disposal. .--- --- ~'wi~+'t1- 7 (i) "Public Well" means airy well used to supply, water to ~...W „n.~ ..€-t1~.. 'fti.w.~':a on a continuous, intermittent or -3- • temporary basis. The approximate location of existing Public Wells is shown on the Water Supply Protection District Map. (j) "Sewage disposal system" means a septic tanl: or other facility designed and constructed for the purpose of receiving and disposir~ of sewage. (k) "Surfacing" means any action resultir~ in the hardening or covering of the pre- existing ground in an area greater than 100 square feet such that rain striking the area will accumulate or run off the surface to a greater extent than prior to the hardening or covering of said pre-existing ground. Surfacing includes, but is not limited to such things as compacting the surface of the earth, placing gravel, concrete or like substances on the surface of the earth, or the placement of structures upon the ground. (1) ~ "Waterworks" means ~~~~~t`.~~~~::~~~~any and ally: components of the r,s;~fi~rsE;~i[;~~~:wxd~•:~w.domestic water wed :::~ ••.: .:::: ... .., ......::.: includi ,but not .... . limited to, all-welly; pumps, filtration facilities, transmission and distribution lines, and storage faciliti~~ ,~..~,r.P~:.~, ~~t..i t,. ~..,.:~4.t~t,y ~}i' tl.r Ti~vm, regardless • ~ of ownership of said facilities. (m)~ "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. Section 7-11-4. Prohibited and Restricted Activities. (1) It shall be unlawful, for a~ .P..e;son,;o cause injury or damage to tln. Tirutrt~wt... (2) It shall be unlawful for ny person to engage in any Pollution-Hazard Activity within ~ Critical ~et~iir~ Zone~of the Water Supply Protection District. The Board of Trustees finds that the conduct of a~ such Pollution Hazard Activity within a Critical ~r~tien Zone poses an unreasonable risk of the release oo,Qta~n~tMwt~ia cou~~ e~ •~,~ Pollution to the 'lFewri=e-~le water supply! ~~d''u'~~ o the proximity to blic Wells and major water courses, 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 arty such Pollution-Hazard Activity within the Critical Frcioet~ie~ Zone is required to adequately protect the health, safety and welfare of the 1 inhabitants of the Town. ~ • (3) It shall be unlawful for any person to engage in any Pollution-Hazard Activity withi t e Water Supply District, but outside of any Critical #t...:.,...:..,t/Zone, unless such person ,~ -4- ~,.~,, z , shall, prior to undertakir~ such acti ty, obtain a permit for such activity under the provisions of this Article. The oard of Trustees finds that the conduct of any such Pollution-Hazard Activity within the-~'~,~~,~,,. ~,.r~.r ...~......, >;..: ~..,t..,.,1.. „~r,~,.., t~.:~:..al Pre~e~iaa-Jerre, 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 Article. (4) In the event that any activity not included in the definition of Pollution-Hazard Activities set forth above, is being conducted in such a manner that the Board of Trustees finds that a foreseeable risk of Follution 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 Article. Section 711-5. Permit and Hearing Procedure. (1) Annlication and Fees. An applicant for a Water Supply Protection District Permit shall submit the following to the Town: • .• (a) ~ A c.,+..Yleted application f.,.... 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 c.,.~.~lete until all information required by the Town has been submitted to the Town. (b) A full and c.....rlete description of the r. ~~,osed 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. (c) 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 anv Public We11s or water courses in the vicinity in relation to the proposed 1~ "`' actrv~tv.~ (ii) Boundary lines of the property far which the application is sought, if applicable. • (iii) Location of am buildings or structures within fifty (SO) feet of the proposed activity. -5- ýÿ • (iv) Accurate contours establishi the to o ra h of the existin a /~' i ~ P g P Y g~ round. ~( ` (v) An accurate soils, geologic and natural hazards report and maps. The information provided shall include soil types and geologic f,,....ations affecting tributary and non-tributary water sources. (vi) Elevations, dimensions, location, extent and the slopes of all proposed excavating, grading, fillir>b 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. ). fix) Nature and location of existing vegetation and a statement as to the effect ~\' of the proposed activity on such vegetation. ~'~ 1(y `,~tA`~ h~ h~ ~' (d) Identification of any activity that may present or create a foreseeable of Q~ ~ a~~ •. Pollution to the water supply of the Town of Fraser along wtth a sp tfic ~~`°' `y~ description of the measures, tncludtng best management practtces, that wtll be \ ~' ;,mployed by the applicant to obviate such risks. ~~ v`~,~ (e) Arty and all additional inf.,..,.ation 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~~ ~yM~~ .~ N~o~~• ~, ~,o~-a~ -,,,w.~.~. ~, . (ii) Revegetation and reclamaU~lart~s,,,ia~pecifications~ i ~w ~~L-~i It, vn~g~ (iii) A soils analysis, including the nature, distribution and strength of existir>a soils, and recommendations for earth ~oving procedures and other design criteria. 1C(W~~~~~~'' ~ ;'~;(-~a~;~, ca~`"'~', (iv) A geologic analysis of the site and adjacent areas and its impact on the proposed activity `~ ` ~ , - ~ ~' ~-~~ y (v) An operation and maintenance analysis~o ^th; ~ropose~~ vi~ty. ~V ~ (~ (vi) Water use analysis, includir~ legal basis, source, quality, amount of ~ consumptive use, impact on ground water and discharge characteristics. -6- ýÿ • (fj 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 ti~c;:i~~' :'~`S#;C1~Bi. 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. (2) Review. Analysis and Risks. (a)•• Within thirty (30) days following receipt of a a,,.wrleted application and following a site inspection, if necessary as det~.,..ined by the Town, the Town staff shall review the application and prepare an analysis of the proposed activity, including a discussion of arty 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. (b) In undertaking the analysis of any proposed activity, the following factors, among atry others that may be deemed relevant, shall be considered: (i) Nature and extent of the proposed activity. Ci) Proximity to existing Public Wells and water courses. (iii) Drainage patterns and control measures. (iv) Soil criteria (v) Geologic factors. (vi) Point source effluent emissions into water or groundwater. (~.•.:~ .A..+n~iewA Fwd won peiwe oo....e• e~..e.~f •w..eo~owe :wte ....ee~ e.. groundwater. (viii) Vehicular and motorized activity. • (c) The Town staff may classify in writing an application as "minor impact" based upon the analysis set forth above if the proposed activity clearly does not present ar create a foreseeable risk of Pollution to the water supply of the Town. Within -7- • thirty (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." (d) 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 fora "no impact" finding relative to the proposed activity. Such application shall be acc.....ranied by such information, in writing, as the Town staff needs to determine whether a "no impact" finding is warranted. Such in1',,..,.ation may be less than is required under Subsection (1) above, and required permit fees may be waived. Upon such application, the Town staff shall determine whether the proposed activity is of a type or location 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 F~:,....it 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. (3) Hearin. 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 (3) 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 Article, then, and in that event, the Town shall have an additional sixty (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. • (4) 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 includiry best management practices, if any, does not -8- present or create a foreseeable risk of Pollution to the groundwater 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. (57 Permit Conditions. The Board of Trustees in issuing airy 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, and other requirements of proposed activities. The Board of Trustees may release to d .e applicant portions of arty such bond or cash from time to time when no longer necessar, ~ to ensure compliance with the Water Supply Protection District Permit. fi~~ (~ 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 p;,....it 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 (1) year, the Permit shall be deemed to have expired, unless otherwise provided in the Permit itself. ('7) Notice,of,Hear}n$. Notice of atry public hearing hereunder shall be given at least i '~~'~`''"+Y;r~ (1P~4) days in advance of the public hearing by not less than one (1) publication in a newspaper of general circulation in the Town of Fraser or by other such means of publication as approved by the Board of Trustees for official publications. (~ Joint Review Process. Any permit required hereunder can be reviewed and issued pursuant to a joint review process with arty other government entity or agency charged with the review and approval of the same activity or activities. Section 7-11-6. Enforcement. (1) Rieht of Entrv,. Whenever necessary to make an inspection to enforce any provision of this Article, 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. • (2) Stop Work Order. Whenever any work or activity is being done contrary to the provisions of this Article, or in violation of the terms of any Water Supply Protection District Permit issued hereunder. the Town or its authorized representatives may order -9- ýÿ • 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. Section 7-11-7. Regulations. (1) The Board of Trustees may issue regulations providing guidelines and criteria to carry out the purposes of this Article. Section 7-11-8. Acti ~'.r, in Progress. (1) A lawful use or activity being carried on in or on any buildings, structures or land at the time of the enactment of this Article may be continued even though it does not conform to the requirements of this Article. Ordinary repairs and maintenance of airy 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 requiremenrts of this Article. • Section 7-11-9. Violation and Penalh-.. (1) Violations. Violations of the Provisions of this Chapter shall be a misdemeanor and punishable by a fine not to exceed one thousand dollars ($1,000.00), or by imprisonment fot a period not to exceed one year, or by both such fine and imprisonment. Each day that such violation continues to exist shall be considered a separate offense. (2) Actions. Airy activity which is continued, operated or maintained contrary to any provision of this Article is unlawful. The Town of Fraser may institute injunction, abatement or airy 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. (3) Remedies. The remedies herein provided shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or • punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. lo- • PART 3: SEVERABILITY. If arty section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 4: DECLARATION OF EMERGENCY: Errr:CTIVE DATE., Because of the immediate risk to the municipal water supply if unregulated hazardous activities are allowed to proceed in the Water Supply Protection District, it is hereby declared that an emergency exits, that this Ordinance is necessary to the immediate preservation of the public peace, health and safety, and that it shall be in full force and effect immediately upon adoption. READ, PASSED, ADdr't ri,D AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS DAY OF , I ~• Votes in favor: _ Votes opposed: • Votes abstained: BOARD OF TRUSTEES OF THE TOWN OF ERASER, COLORADO BY: Jeff Johnston, Mayor A t i r.ST: (SEAL) Virginia Winter, Town Clerk Published in the Winter Park Manifest on , 1999. -11- csw¢Jaows~.srooL~enrre~z.wpn Town of Fr~er Source Water Protection ~r fi ~. ~~~~ ~~' 1. V 9' `•,,. 4~~ to r>'~' 11n .. Y 7 -~,' _ .y ~ *_ ~ ~ Pit °~~~ttrf ~l ~. -. - '~~ . i ~'.1 ~ ~~~ ~. :fix r ~ ~ ` r :,~ ., .~ ' , '~ ~ ~~ f` ~ .~ ~~ ~~ r, ti t r'~ - ~~ 15,~ -. ~..' ~l ~A~s~ ~ ~ ~~'~A •,~ ~,t! P= ~! .1 ~• ', ~ ,~ B~3`~' ~ `fie ~ ~ _ ~~ 4 ~ t1~9 wale , ;,~, ~~a4~oG~ ) ". _ t ~ . n. , ';~ , ~~i ~0 ~ ' f x~r ''~ t1. ~S ~`~ ° --~~~ ?~ _ ~l ~~ ~ ! / 11 ~ ~ f i, ~~(?~ T`~~ `~L v~~~ ~ r i r~ 1 ., ~~~. :4 A .. ._- ~ xu~~ c. __... ... ~ MLLE ~2~. i ..._ .+~'1 ~~ ..~..._ .....~ ~ ~.~.....x....... -.. ~ FFET Map 1: Fraser Area with Floodplain Alluvium (in Yellow) and Projected Groundwater Flow (Blue Arrows). Much of the low ground in the Fraser area is underlain by floodplain alluvium with shallow groundwater. This is the surface :,~.~,~ession of the alluvial aquifer now utilized by the Town of Fraser for public water supply (wells in red). Floodplain generalized from US Department of Agriculture, Soil Conservation Service, 1983 Soil Survey of Grand County Area, Colorado. Base fi,,,... US Geological Survey; scale approximately 1 inch = 2,000 feet. Grand Environmental Services April 2, 1999 • Town of Fraser Source Wafer Protection From Colorado Department of Public Health and Environment, Water Quality G„ul.dl Division, Colorado Source Water Assessment and Protection, February 1999, Page 60-61: High risk ground water systems am those found in unconfined alluvial, fracture-flow, and karat aquifers. The geology of these situations makes them very vulnerable to contamination ,t,~u. surface activities. For this reason, an assumption is made that they are highly sensitive. Figure 5.7 illu.+~~s a well in an alluvial aquifer with a likely hydrologic connection to the stream. Zone 1 for this well includes the 500' radius around the wellhead and 2~' iLL~~ the edge of the alluvial aquifer or stream for all ~ ;..~;,._nial and intermittent streams in the watershed Zone 2 covers 1/4 mile on either side of Zone 1. Zone 3 is the _:....ainder of the SWAA up to the watershed boundary. Source Water Assessmenf Area .. ... . ::..Figure 5.7 :Zane:A~~ren+cl~ Fc~r H:~ ~Egeff~~ .~~::::::: ~~.. ~~~.*: ' 'fir--.- ~. ra:: F" ~y'"iF it ~;~t~ yy N~~Y -~~ . . '... • Grand Environmental Services April 2, 1999 ýÿ Town of Fr~er . Source Water Protection ,~:~, :%k~ ~R . v Ay~ ~~~~ ~ Zone 3 ; ~ ~,_ ' , „; 1 ~ "_:~~ ~y~e'. '~ T, ~I''4 /, ~., .. .. ._, ~... .,~,.. ",.,~,,f2 ......__... ..,.w....._ ,M6E Map 2: Schematic Showing Zone Approach to Watershed Protection for Town of Fraser. Zone 1(most sensitive) includes the azea within 500-foot radii of town public wells (red circles), the Fraser River Floodplain, and 150-foot buffers around the Fraser River Floodplain and tributary creeks. Zone 2 (less sensitive) extends 1/a mile outward fi.~.u Zone 1. Zone 3 (least sensitive) includes the remainder of the watershed Base from US Geological Survey; zone concept applied fi.,~u Colorado I3epariment of Public Health and Environment, US Environmental Protection Agency, and Town of Fraser. Scale approximately 1 inch = 2,000 feet. -;, Grand Environmental S®rvices April 2, 1999 N • TOWN OF FRASER ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF THE TOWN OF FRASER, COLORADO AND ADOPTING BY REFERENCE THERETO, THE UNIFORM FIRE CODE, APPENDICES, AND THE UNIFORM FIRE CODE STANDARDS, 1997 EDITION, AS PUBLISHED BY THE INTERNATIONAL FIRE CODE INSTITL rte; REPEALING ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREW t t H; AND PROVIDING PENALTIES FOR VIOLATIONS OF THE PROVISIONS CONTAINED THEREIN. WI-trxEAS, the Board of Trustees of the Town of Fraser ("Town") has previously adopted the Uniform Fire Code; WHEREAS, the Board of Trustees deems it in the best interest of the Town to maintain adequate and updated regulations concerning fire and life safety requirements by means of adoption by reference of the Uniform Fire Code, Appendices, and Uniform Fire Code Standards, 1997 edition: NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF t tir. • TOWN OF ERASER, COLORADO AS FOLLOWS: PART 1: AMENDMENT OF THE TOWN CODE. That the Code of the Town of Fraser, Colorado is hereby ~meaded by replacing article 4-2 with the following: Section 4-2-1. Codes Adopted. (1) Pursuant to Title 31, Article 16, Parts 1 and 2, Colorado Revised Statutes, the following codes are hereby adopted and enacted by reference: (a) The 1997 Uniform Fire Code, Appendices, and the Uniform Fire Cade Standards, as published by the International Fire Code Institute with such amendments, changes and deletions as hereinafter set forth. (2) Said codes, as hereinafter amended, shall be applicable in those areas of the Town of Fraser located within the boundaries of the East Grand Fire Protection District No. 4 (herein referred to as the "Fire District"), which presently encompasses the entire Town. (3) Said codes have been promulgated and published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California, 90601, and the Western Fire Chiefs Association, Palm Brook Corporate Center, 3602 Inland Empire • Boulevard, Suite B-205, Ontario, California, 91764. ýÿ (4) The purpose and subject matter of said codes are to prescribe regulations governing conditions hazardous to ali life and property from fire, hazardous materials, or explosion in the Town of Fraser, Colorado. Section 4-2-2. Amendments and Definitions. (1) The following amendments to said Codes are hereby adopted: (a) Section 103.1.4. is amended to read: "To determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of the provisions ofthis-Code, there is hereby created a board of appeals consisting of the Board and such additional versons as the Board deems necessary, who qualified by experience and training to pass upon pertinent matters." (Balance of section to remain unchanged. ) (b) Article ?8, Fire Works and Pyrotechnic Special Effects Materials, is superseded to the extent of any inconsistency by the provisions of Sections 12-28- 101 'through 12-28-113, C.R.S., and rules and regulations promulgated thereunder. (c) Appendix II-C is deleted in total. (2) Any provision of said Codes to the contrary notwithstanding, the following • definitions shall apply to the into.r.etation of said Codes: (a) Wherever the word "jurisdiction" is used in the Uniform Fire Code it shall refer to the jurisdiction of the East Grand Fire Protection District No. 4. (b) Wherever the words "chief of the bureau of fire r.;, Mention" are used in the Uniform Fire Code, they shall be held to mean the "fire chief' or other appointed officer of the Fire District appointed by the Fire District's Board of Directors to enforce the Uniform Fire Code, if the Town has contracted with the Fire District to enforce said Codes. if the Town does not have a contract with the Fire District for enforcement of said Codes or such contract shall lapse or otherwise be terminated, then the term "chief of the bureau of fire prevention" shall refer to the person appointed as "Fire Marshall" by the Fraser Board of Trustees. (c) Wherever the word "Administrator" is used in the Uniform Fire Code, it shall be held to mean the "Board of Directors of the East Grand Fire Protection District No. 4." (d) Wherever the word "Board" is used in amendments to the Uniform Fire Code, it shall be held to mean the "Board of Directors of the East Grand Fire Protection District No. 4." • 3 • Section 4-2.3. Penalties and Enforcement.. (1) Every person convicted of a violation of any provision of this Article or the Codes adopted herein shall be punished by a fine not exceeding Three Hundred ($300.00) Dollars or by imprisonment not exceeding ninety (90) days or by both such fine and imprisonment. (2) In any case where the Town has contracted with the Fire District for enforcement of said Codes and the Board of Directors of the Fire District, on the recommendation of the fire marshal of the District, believes a violation of said Codes or this Article has occurred and a summons and complaint should be issued, it shall report such violation to the Town. Upon authorization of the Board of Trustees of the Town, the summons and complaint may be issued in the Fraser Municipal Court. (3) In the event of any violation or threatened violation of this Article or the Codes adopted herein, the Board of Trustees of the Town of Fraser may, in addition to other remedies provided by law, institute an appropriate action for injunction, mandamus, or abatement to prevent, enjoin, abate, or remove such violation or threatened violation. Section 4-2-4. Conies of Codes. • (1) Not less than one (1) copy of the said Codes adopted herein, all certified by the Mayor and the Town Clerk to be tree copies of said Codes as they were adopted by this Article, shall be kept oa fits in the office of the Town Clerk and available for public inspection; l .~~ sided, however, that a copy of each Code, as amended, may be kept in the office of the chief enforcement officer designated pursuant to such Codes instead in the office of the Town Clerk. (2) The Town Clerk shall maintain a reasonable supply of copies of the said Codes and amendments adopted herein for purchase by the public at a reasonable price, as established from time to time by the Town Clerk. PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. PART 3: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance or the said Codes adopted herein is, for any reason, held to be invalid or • unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance or said Codes. The Town of Fraser hereby declares 4 ýÿ • that it would have adopted this Ordinance and said Codes, and each section, subsection, clause or phrase thereof, irrespective of the fact that aay one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 4: Err~CTIVE DATE. This Ordinance and the Codes adopted herein by ref;..~:,..ce shall take effect thirty (3d) days after passage, ad,~ 1 ~,:on and publication of this Ordinance as provided by law. I1V t xODUCED, READ, APPROVED AND ADOP t ~t~ THIS DAY OF 1999, AT A REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE TOWN OF ERASER. TOWN OF FRA~trx By: ATTEST: • ~ Virginia Winter, Town Clerk • Chuck Reid, Manager 5 ýÿ ~- BiD G~'~`NING i • DATE: MARCH 26.1999 TIME: 2:01 P.M. TOWN OF FItASER, COLORADO STREET IMPROVEMENTS PHASE 1 NINA AC'`f~~NAI"~ ~ -A , ~ ~ ,. t. ~ BASE BlD $ ~,,:~.~. ~/~~.jQ-~ SID FORM B~~ B~U~1~ Y .~= 3 µ ~ ~ 1,~Oa,~tZ.ge ~(9~q'fi~• '~S,~ilo. i,~o~~bag.go DuG}~t L 5 CONSTR. ~ °w f3' y. (~ EkcA~IA-rr~G~+ CLAtM ~ ~"" ENG, E~jT~MA7E N~ ~ ~ a'A ~f k ~f~ A t,2}5,~i3,3 a~,3a o. ~ ~I, oSR.oU ~ ~55`b,38S +~3,Zo~.Sn 1~0'I,3,~.&D BWtt Corporattan TOWN OF ERASER • ORDINANCE NO. AN ORDINANCE. PROHIBY t u1G CONDUCT WHICH DISTURBS THE PEACE, AND AMENDING APPLICABLE PROVISIONS OF THE CODE OF THE TOWN OF FRA~rt~. BE IT ORDAINED BY THE BOARD OF TRUStr;~S OF THE TOWN OF FRA~rt~, COLORADO, THAT: PART I: AMENDMENT TO TOWN CODE. The Code of the Town of Fraser, Colorado is hereby amended by adding a new Article 7-10 to said Code :;..~.~~ "Disturbing the Peace", which shall read as follows: ARTICLE 7-10 DISTURBING THE PEACE Section 7-10-1. Prohibition. (1) Between the hours of 8:00 p.m. and 8:00 a.m. it shall be uniawfiil for any person to make, cause to be made, or p;;....~t or assist another to make any unreasonably loud or um~sual noise in a • public or private place, which, under all of the circumstances presented, would cause a person of ordinary sensitivities sigoificaat annoyance and irritation. (2) No person shall permit another to commit an act of disturbing the peace as descn~ed above in or upon any premises awned, possessed, or under his management or c.,..l.ol when it is in lris power to r.~;~/eirt such as act. Section 7-10-2. Eaceutions. (1) Noise caused in the performance of emergency work for the immediate safety, health, or welfare of the community or individuals of the community shall not be subject to the provisions of this Article. Section 7-10-3. Permits. (1) Applications for a p.,...,~~ to hold a public event which may violate the provisions of this Article shall be made to the Town Manager or his duly authorized representative. Such p~;,...~:t shall be valid only at the specific times, dates, and conditions noted in the p;,....~t. • ýÿ • • BY: Jeff Johnston, Mayor Section 7-10-4. Penalty. (1) Any person who violates, disobeys, .~.....a, neglects, refuses, or fails to comply with or resists the enforcement of any provision of this Article shall be punished by a fine not exceeding $300 for each and every violation, or imprisonment for term not exceeding 90 days, or by both such fine and imprisonment. PART 2: Rrr'~AL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or c..~lted in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. PART 3: SEVERABILTTY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be irrvalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hi.~c.:,~/ declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof; irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 4: rrr~CTIVE DATE. This Ordinance.shall take e~;,.,1 immediately after passage, adoption, and publication th;,. ~.,,f as provided by law. READ, PAS~~~, ADt~r t'r,~ AND ORDERED PUBLISHED BY THE BOARD OF TRUSt~~S AND SIGNED THIS DAY OF ,{DATE ~ °yYYY"}• Votes in favor: Votes opposed: Votes abstained: (SEAL) BOARD OF TRUSYr.~S OF THE TOWN OF FRA~rx, COLORADO A11~ST: Vuginia Winter, Town Clerk • Published in the Wiener Park Manifest on 02/198063.2 ,{DATE ~@ "yyyy"}. -{PAGE }- ýÿ