Title
An Ordinance Amending Multiple Parts of Chapter 7 (Unified Development Code) of the Code of the City of Colorado Springs 2001, as Amended, Pertaining to Stormwater Permanent Control Measures
Presenter:
Erin Powers, P.E., Stormwater Enterprise Manager
Richard Mulledy, P.E., Public Works Director
Body
Summary:
The City of Colorado Springs MS4 Permit requires the City to maintain a program to ensure permanent control measures are maintained. Permanent control measures include stormwater features such as extended detention basins, sand filters, bioretention, and underground treatment. The recommended code changes strengthen the enforcement options available under City Code.
Background:
The City of Colorado Springs Stormwater Enterprise is responsible for maintaining compliance with the City’s Municipal Separate Storm Sewer System (MS4) Permit, which requires a robust Post Construction Program for New Development and Redevelopment. This program ensures that as the city grows, developers install permanent control measures such as extended detention basins, sand filters, bioretention features, and underground treatment devices to meet established water quality standards. These permanent facilities help reduce pollutants in stormwater runoff, protect downstream waterways, and support regulatory compliance.
To meet MS4 Permit requirements, the City maintains a strong enforcement program that holds private owners of permanent stormwater control measures accountable for properly operating and maintaining their facilities. After construction is complete, private owners must conduct regular inspections, perform routine and corrective maintenance, and submit annual certifications documenting that their control measures are functioning as designed. The City conducts its own oversight inspections on private facilities once every three years and requires timely corrective action when deficiencies are found. If owners fail to act, the City may escalate enforcement, issuing formal notices, requiring corrective schedules, and/or completing the maintenance itself at the owner’s expense. This structure supports long term performance of private stormwater infrastructure, helps prevent downstream impacts, and ensures ongoing compliance with state and federal water quality requirements.
Based on requirements from the Environmental Protection Agency (EPA), code changes are proposed to strengthen the City’s enforcement authority to ensure private permanent control measures are maintained in accordance with permit standards. These amendments are intended to reinforce compliance with the City’s MS4 Permit by providing more robust mechanisms to enforce maintenance obligations when private facility owners fail to meet the requirements of their signed maintenance agreements.
Previous Council Action:
N/A
Financial Implications:
There are no financial implications as a result of this code change.
City Council Appointed Board/Commission/Committee Recommendation:
N/A
Stakeholder Process:
These changes were discussed with the Housing and Building Association. No concerns were reported.
Alternatives:
The City’s enforcement authority for private permanent control measures would remain as currently established.
Recommended Action
Proposed Motion:
Move to approve Ordinance No. 26-216 to amend multiple parts of Chapter 7 (Unified Development Code) of the Code of the City of Colorado Springs 2001, as Amended, pertaining to stormwater permanent control measures.
Summary of Ordinance Language
N/A