No person may grade, fill, excavate, store or dispose of soil and earth materials or perform any other land-disturbing or land-filling activity without first obtaining a permit as set forth in this title.
(Ord. 202-81 § 1, 1981)
All land-disturbing or land-filling activities or soil storage shall be undertaken in a manner designed to minimize surface runoff, erosion and sedimentation. A person performing such activities need not apply for a permit pursuant to this title, if all the following criteria are met:
A.
The site upon which land area is disturbed or filled is ten thousand square feet or less;
B.
Natural and finished slopes are less than ten percent;
C.
Volume of soil or earth materials moved or stored is fifty cubic yards or less;
D.
Rainwater runoff is diverted, either during or after construction, by the activities from an area smaller than five thousand square feet;
E.
An impervious surface, if any, of less than five thousand square feet is created;
F.
No drainageway is blocked or has its stormwater carrying capacities or characteristics modified;
G.
The activity does not take place within one hundred feet by horizontal measurement from the top of the bank of a watercourse, the mean high watermark (line of vegetation) of a body of water or within the wetlands associated with a watercourse or water body, whichever distance is greater.
(Ord. 202-81 § 1, 1981)
Section 21.08.010 and subsections A through F of Section 21.08.020 notwithstanding, the following activities may be exempted from the permit requirements at the discretion of the Public Works Director:
A.
An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit; this shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five feet after the completion of such structure;
B.
Cemetery graves;
C.
Refuse disposal sites controlled by other regulations;
D.
Excavations for wells or tunnels;
E.
Exploratory excavations under the direction of soil engineers or engineering geologists;
F.
Routine agricultural crop management practices;
G.
Emergencies posing an immediate danger to life or property, or substantial flood or fire hazards;
H.
Any activity where total volume of material disturbed, stored, disposed of or used as fill does not exceed fifty cubic yards, and which does not involve off-site hauling of excavated or imported material, and which does not obstruct a drainage course;
(Ord. 202-81 § 1, 1981)
The application for a permit must include all of the following items:
A.
Application form;
B.
Site map and grading plan;
C.
Interim erosion and sediment control plan;
D.
Final erosion and sediment control plan, where required;
E.
Soils engineering report, where required;
F.
Geology engineering report, where required;
G.
Work schedule;
H.
Application fees;
J.
Any supplementary material required by the Director.
(Ord. 202-81 § 1, 1981)
The following information is required on the application form:
A.
Name, address and telephone number of the applicant;
B.
Names, addresses and telephone numbers of any and all contractors, subcontractors or persons actually doing the land-disturbing and land-filling activities and their respective tasks;
C.
Name(s) address(es) and telephone number(s) of the person(s) responsible for the preparation of the site map and grading plan;
D.
Name(s), address(es) and telephone number(s) of the person(s) responsible for the preparation of the interim and/or final erosion and sediment control plan;
E.
Name, address and telephone number of the registered geologist responsible for the preparation of the soils and geological report, where required;
F.
A vicinity map showing the location of the site in relationship to the surrounding area's water-courses, water bodies and other significant geographic features, and roads and other significant structures;
G.
Date of the application;
H.
Signature(s) of the owner(s) of the site or of an authorized representative.
(Ord. 202-81 § 1, 1981)
The site map and grading plan shall contain all the following information:
A.
Existing and proposed topography of the site taken at a contour interval sufficiently detailed to define the topography over the entire site; ninety percent of the contours shall be plotted within one contour interval of the true location;
B.
Two contour intervals that extend a minimum of one hundred feet off-site, or sufficient to show on-site and off-site drainage;
C.
Site's property lines shown in true location with respect to the plan's topographic information;
D.
Location and graphic representation of all existing and proposed natural and manmade drainage facilities;
E.
Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of the proposed work together with a map showing the drainage area and the estimated runoff of the area served by any drain;
F.
Location and graphic representation of proposed excavations and fills, of on-site storage of soil and other earthen material, and of on-site disposal;
G.
Location of existing vegetation types and the location and type of vegetation to be left undisturbed;
H.
Location of proposed final surface runoff, erosion and sediment control measures;
I.
Quantity of soil or earthen materials in cubic yards to be excavated, filled, stored or otherwise utilized on-site;
J.
Outline of the methods to be used in clearing vegetation, and in storing and disposing of the cleared vegetative matter;
K.
Proposed sequence and schedule of excavation, filling and other land-disturbing and filling activities, and soil or earthen material storage and disposal;
L.
Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners which are within fifteen feet of the property or which may be affected by the proposed grading operations.
Specifications shall contain information covering construction and material requirements. |
(Ord. 202-81 § 1, 1981)
All the following information shall be provided with respect to conditions existing on the site during land-disturbing or filling activities or soil storage:
A.
Maximum surface runoff from the site shall be calculated using the method approved by the Director and maintained in the City's Standard Specifications and Design Criteria, or any other method proven to the Director to be as or more accurate;
B.
The interim plan shall also contain the following information:
1.
A delineation and brief description of the measures to be undertaken to retain sediment on the site, including, but not limited to, the designs and specifications for berms and sediment detention basins, and a schedule for their maintenance and upkeep,
2.
A delineation and brief description of the surface runoff and erosion control measures to be implemented, including, but not limited to, types and method of applying mulches, and designs and specifications for diverters, dikes and drains, and a schedule for their maintenance and upkeep,
3.
A delineation and brief description of the vegetative measures to be taken, including, but not limited to, seeding methods, the type, location and extent of preexisting and undisturbed vegetation types, and a schedule for maintenance and upkeep;
C.
The location of all the measures listed by the applicant under subsection B above, shall be depicted on the site map and grading plan, or on a separate plan at the discretion of the Director;
D.
An estimate of the cost of implementing and maintaining all interim erosion and sediment control measures must be submitted in a form acceptable to the Director;
E.
The applicant may propose the use of any erosion and sediment control techniques in the interim plan provided such techniques are proven to be as or more effective than the equivalent best management practices contained in the Manual of Standards.
(Ord. 202-81 § 1, 1981; amended during 1990 republication)
All the following information shall be provided with respect to conditions existing on the site after final structures and improvements (except those required under this section) have been completed and where these final structures have not been covered by an interim plan (see Section 21.08.180):
A.
Maximum runoff from the site shall be calculated using the method approved by the Director and maintained in the Manual of Standards, or any other method proven to the Director to be as or more accurate;
B.
C.
An estimate of the costs of implementing all final erosion and sediment control measures must be submitted in a form acceptable to the Director;
D.
The applicant may propose the use of any erosion and sediment control techniques in the final plan provided such techniques are proven to be as or more effective than the equivalent best management practices contained in the Manual of Standards.
(Ord. 202-81 § 1, 1981)
A soils report, when required by the Director, shall be based on adequate and necessary test borings, and shall contain all the following information:
A.
Data regarding the nature, distribution, strength, and erodibility of existing soils;
B.
Data regarding the nature, distribution, strength and erodibility of soil to be placed on the site, if any;
C.
Conclusions and recommendations for grading procedures;
D.
Conclusions and recommended designs for interim soil stabilization devices and measures and for permanent soil stabilization after construction is completed;
E.
Design criteria for corrective measures when necessary;
F.
Opinions and recommendations covering adequacy of sites to be developed by the proposed grading.
Recommendations included in the report and approved by the Director shall be incorporated in the grading plans or specifications. |
(Ord. 202-81 § 1, 1981)
An engineering geology report, when required by the Director, shall be based on adequate and necessary test borings and shall contain the following information:
A.
An adequate description of the geology of the site;
B.
Conclusions and recommendations regarding the effect of geologic conditions on the proposed development;
C.
Opinions and recommendations covering the adequacy of sites to be developed by the proposed grading.
Recommendations included in the report and approved by the Director shall be incorporated in the grading plans or specifications. |
(Ord. 202-81 § 1, 1981)
The applicant must submit a master work schedule showing the following information:
A.
Proposed grading schedule;
B.
Proposed conditions of the site on each July 15th, August 15th, September 15th, October 1st and October 15th during which the permit is in effect;
C.
Proposed schedule for installation of all interim erosion and sediment control measures including, but not limited to, the stage of completion of erosion and sediment control devices and vegetative measures on each of the dates set forth in subsection B of this section;
D.
Schedule for construction of final improvements, if any;
E.
Schedule for installation of permanent erosion and sediment control devices where required.
(Ord. 202-81 § 1, 1981)
A.
Grading Plan. The applicant shall provide security for the performance of the work described and delineated on the approved grading plan in an amount to be set by the Director. The form of security shall be one or a combination of the following to be determined by the Director:
1.
Bond or bonds issued by one or more duly authorized corporate sureties; the form of the bond or bonds shall be subject to the approval of the Director;
2.
Deposit, either with the City or a responsible escrow agent or trust company at the option of the City, of money, negotiable bonds of the kind approved for securing deposits of public moneys; or other instrument of credit from one or more financial institutions subject to regulation by the State or federal government wherein said financial institution pledges funds are on deposit and guaranteed for payment;
3.
Cash in U.S. currency.
B.
Interim Plan. The applicant shall provide security for the performance of the work described and delineated in the interim plan in an amount to be determined by the Director but not less than one hundred percent of the approved estimated cost of performing said work. The form of the security shall be as set forth in subdivisions 2 and 3 of subsection A of this section.
C.
Final Plan. The applicant shall provide security for the performance of the work described and delineated in the final plan in an amount to be determined by the Director but not less than one hundred percent of the approved estimated cost of performing said work. The form of the security shall be as set forth in subdivisions 2 and 3 of subsection A of this section.
(Ord. 202-81 § 1, 1981)
Fees are to be paid pursuant to a schedule of fees adopted, and amended from time to time by separate resolution of the City Council.
(Ord. 202-81 § 1, 1981)
The Director may request additional data, clarification of submitted data or correction of defective submissions when he or she finds an application to be inadequate.
(Ord. 202-81 § 1, 1981)
Permits issued under this title shall be valid for the period during which the proposed land-disturbing or filling activities and soil storage takes place or is scheduled to take place, whichever is shorter. Permittee shall commence permitted activities within sixty days of the scheduled commencement date for grading or the permittee shall resubmit all required application forms, maps, plans, schedules and security to the Director except where an item to be resubmitted is waived by the Director. The Director may require additional fees.
(Ord. 202-81 § 1, 1981)
The applicant may request a hearing before the City Council within five working days of notification of a permit denial. The hearing shall be held at the next regularly scheduled City Council meeting following the date of the request for a hearing.
(Ord. 202-81 § 1, 1981)
A permit issued pursuant to this title may be assigned, provided:
A.
The permittee notifies the Director of the proposed assignment;
B.
C.
The Director approves the assignment.
The Director shall set forth in writing the reasons for his or her approval or disapproval of an assignment.
(Ord. 202-81 § 1, 1981)
Where an applicant does not plan to construct permanent improvements on the site, or plans to leave portions of the site graded but unimproved, applicant must:
A.
Meet all the requirements of this title except that an interim plan designed to control runoff and erosion on the site for the period of time during which the site, or portions thereof, remain unimproved must be submitted in lieu of a final plan: and
(Ord. 202-81 § 1, 1981)