This title shall be known as the "City of Union City grading and erosion and sediment control ordinance" and may be so cited.
(Ord. 202-81 § 1, 1981)
The purpose of this title is to provide for safe grading operations, safeguard life, limb and property, and to preserve and enhance the natural environment, including but not limited to water quality by regulating clearing and grading on private property.
(Ord. 202-81 § 1, 1981)
This title sets forth rules and regulations to control land disturbances, land fill, soil storage and erosion and sedimentation resulting from such activities. This title establishes procedures for issuance, administration and enforcement of a permit.
(Ord. 202-81 § 1, 1981)
When used in this title, the following words shall have the meanings ascribed to them in this section:
means any person, corporation, partnership, association of any type, public agency or any other legal entity who submits an application to the Director for a permit pursuant to this title.
means the surface conditions extent on completion of grading.
means in-place solid rock.
means a relatively level step excavated into earth material on which fill is to be placed.
means a technique or series of techniques which, when used in an erosion control plan, is proven to be effective in controlling construction related runoff, erosion and sedimentation.
means earth material acquired from an off-site location for use in grading on a site.
means a professional engineer registered in the State to practice in the field of civil works.
means the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works for the beneficial uses of mankind.
means the densification of a fill by mechanical means.
means the Public Works Director of the City and his/her duly authorized designees.
means natural or manmade channel which collects and intermittently or continuously conveys stormwater runoff.
means any rock, natural soil or fill and/or combination thereof.
means a geologist experienced and knowledgeable in engineering geology and certified by the State to practice engineering geology.
means the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.
means the wearing away of the ground surface as a result of the movement of wind, water and/or ice.
means mechanical removal of earth material.
means a set of best management practices or equivalent measures designed to control surface runoff and erosion and to retain sediment on a particular site after all other planned final structures and permanent improvements have been erected or installed.
means the vertical location of the ground surface.
"Existing grade"
means the grade prior to grading.
"Rough grade"
means the stage at which the grade approximately conforms to the approved plan.
"Finish grade"
means the final grade of the site which conforms to the approved plan.
means any land disturbance or land fill, or combination thereof.
means a set of best management practices or equivalent measures designed to control surface runoff and erosion and to retain sediment on a particular site during the period in which preconstruction and construction related land disturbances, fills and soil storage occur, and before final improvements are completed.
means a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope.
means any moving or removing by manual or mechanical means of the soil mantle or top six inches of soil whichever is shallower, including but not limited to excavations.
means any human activity depositing soil or other earth materials.
means a compilation of technical standards and design specifications adopted by the Director as being proven methods of controlling construction related surface runoff, erosion and sedimentation.
means the applicant in whose name a valid permit is duly issued pursuant to this title and his or her agents, employees and others acting under his or her direction.
means earth material deposited by water or wind.
means a parcel or parcels of real property owned by one or more than one person which is being or is capable of being developed as a single project.
means an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance.
means naturally occurring superficial deposits overlying bedrock.
means a civil engineer experienced and knowledgeable in the practice of soil engineering.
means the application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof.
means the period from October 1st to April 15th.
(Ord. 202-81 § 1, 1981)
Whenever the Director determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agency in control of said property, upon receipt of notice in writing from the Director, shall within the period specified therein repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this Code.
(Ord. 202-81 § 1, 1981)
Neither this title nor any administrative decision made under it:
A.
Exempts the permittee from procuring other required permits or complying with the requirements and conditions of such a permit; or
B.
Limits the right of any person to maintain, at any time, any appropriate action, at law or in equity, for relief or damages against the permittee arising from the permitted activity.
(Ord. 202-81 § 1, 1981)