Regulations contained within this chapter are adopted for the following purposes:
A. 
To establish standards and specifications for conservation practices and planning activities to control land disturbances and soil storage, minimize surface runoff, soil erosion and sedimentation, protect against the degradation of soil fertility and watercourses, and prevent hazards to life, health and property.
B. 
To preserve and enhance the city's physical and aesthetic character by promoting site planning practices that are consistent with the city's natural topography, soils and vegetative features and that limit the removal or destruction of trees and groundcover, including native oak woodlands and riparian vegetation.
C. 
To ensure prompt development, restoration and replanting and effective erosion control of property after land clearing and grading.
(Ord. 1749 § 2)
A. 
The requirements of this chapter shall apply to all grading, excavations, fills and borrow areas and to all alterations, changes or additions to existing grading, excavations, fills and borrow areas occurring after the effective date of the ordinance codified in this chapter, unless an exemption is provided in Section 15.88.040.
B. 
In addition to the requirements of this chapter, the requirements of the city Building Code shall apply for all grading, excavation and site clearance projects. In any case where the requirements of this chapter conflict with the city Building Code, the requirements of this chapter shall govern.
(Ord. 1749 § 2)
A. 
It is unlawful for any person or entity to construct, enlarge, alter, repair or maintain any grading, excavation, fill or borrow area, or cause the same to be done, contrary to or in violation of any provisions of this chapter.
B. 
It is unlawful for any grading, excavation or site clearance to occur without an erosion control permit or grading permit, as applicable, except where an exemption is provided in this chapter.
C. 
An erosion control permit or grading permit shall authorize a permittee to do only the work that is identified on the site plan associated with the permit. A separate erosion control permit or grading permit shall be required for each individual site.
D. 
Plans and specifications associated with an approved erosion control permit or grading permit shall not be changed without the approval of the city engineer.
E. 
All grading, excavation and site clearance, including that which is exempt from obtaining a permit, shall be performed in conformance with the city engineering design standards; the municipal code; the requirements of the Butte County Air Quality Management District and State Regional Water Quality Control Board; and any other applicable local, state and federal requirements.
(Ord. 1749 § 2)
A. 
The following activities shall not be subject to the requirements of this chapter; however, they shall be subject to any other applicable local, state or federal requirements:
1. 
Work performed on state or federal land.
2. 
Surface mining and reclamation projects authorized under Chapter 15.92.
3. 
The digging of trenches by public agencies or public utility companies for the purpose of installing and/or maintaining underground utility facilities.
4. 
Activities that involve less than 20 cubic yards of material and disturb an area of less than 200 square feet.
5. 
Activities that involve only the storage of non-erodible materials.
6. 
Grading and clearing practices associated with cemetery graves.
7. 
Grading and clearing practices associated with responding to emergencies that pose an immediate danger to life, health or property, including, but not limited to, substantial flood or fire hazards.
8. 
Any disking of vegetation that is conducted in order to comply with local, state or federal fire safety requirements.
B. 
Notwithstanding any other provision of this section, a land disturbance activity to which any of the following conditions apply shall be subject to the requirements of this chapter:
1. 
The land disturbance activity will occur on a portion of the site that has a slope greater than 10%.
2. 
Any portion of the site is within a 100-year floodplain or within 20 feet of a watercourse. The distance from a watercourse shall be measured from the top of bank.
(Ord. 1749 § 2)
The words, terms and phrases used in this chapter shall have the meaning commonly ascribed in the English language, except for those terms that are defined in this section.
All words used in the singular include the plural, and the plural the singular; each gender includes the other; and any tense includes the other tenses unless the context requires otherwise. The word "shall" is mandatory and the word "may" is permissive. The word "includes" shall not limit a term to the specific examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character.
A. 
Definitions, "A."
Agriculture.
The tilling of soil, the raising of crops, horticulture, livestock farming, dairying or animal husbandry, including supply, service, storage and processing areas and facilities to accommodate agricultural products produced on the premises; provided, however, that the accessory uses shall not include slaughter houses, feed yards, hog farms, fertilizer works, bone yards, plants for the rendering of animal matter or similar commercial or industrial uses.
Area of disturbance.
Areas of exposed, erodible soil that are within the application site and that result from grading or excavation activities.
B. 
Definitions, "B."
Best management practices (BMPs).
Any erosion control practice or technique, or combination of practices or techniques, that are proven to be effective and practical in preventing or minimizing soil erosion, runoff, sedimentation and protecting water quality.
C. 
Definitions, "C."
Certified arborist.
A person who has been certified by the International Society of Arboriculture (ISA); who is a Registered Consulting Arborist with the American Society of Consulting Arborists (ASCA); and who holds a California Contractors License.
City engineer.
The director of community development and public works, or his/her authorized representative.
Clearing.
The cutting and removal of vegetation, including the removal of stumps and roots, in such a way as to disturb the soil or remove vegetation that provides groundcover.
Construction season.
May 1st to September 30th of any given year.
Culvert.
An artificial, entirely enclosed conduit for the conveyance of water.
Cut.
An excavation; the difference between a point on the original ground and a designated point of lower elevation on the final grade; or the material removed in excavation.
D. 
Definitions, "D."
Development.
The uses to which land will be put; the buildings and structures to be constructed on the land; and all alteration of the land and other construction incident to these uses, buildings and structures.
Director of parks and trees.
The director of parks and trees, or his/her authorized representative.
Disking.
The use of a disk harrow to till soil and break up vegetation.
E. 
Definitions, "E."
Engineering design standards.
The engineering requirements developed by the city engineer, and adopted by resolution of the city council, for the construction and configuration of various types of infrastructure within the city, including, but not limited to, rights-of-way, water and sewer lines, storm drainage and parking areas.
Environmental review document.
A categorical exemption, negative declaration, Environmental Impact Report (EIR) or other environmental review that is required by the California Environmental Quality Act (CEQA).
Erosion.
The wearing away of soil, rock or other earthen materials as a result of the movement of wind or water, or as a result of land disturbance activities.
Erosion and sediment control plan.
A plan to identify sources of erosion and sedimentation and to indicate what best management practices will be used to control surface runoff and erosion and retain sediment on a particular site.
Excavation.
The removal of earth materials by mechanical means, including the resulting conditions.
F. 
Definitions, "F."
Fill.
The deposit of earth materials by artificial means, including the resulting conditions.
Floodplain.
The area adjoining a watercourse that could be inundated by a flood.
Floodplain, 100-year.
The floodplain that has a one percent chance of being inundated or exceeded in a given year, as delineated on Federal Emergency Management Agency Floodway Maps.
G. 
Definitions, "G."
Geotechnical engineer.
See "Qualified professional."
Grade.
The rate of ascent or descent of the ground surface.
Grading.
Any movement of earth materials that damages or has the potential to significantly damage directly, or indirectly through erosion, any natural or manmade watercourse, whether year-round or intermittent, including drainage channels.
H. 
Definitions, "H." No specialized terms beginning with "H" are defined.
I. 
Definitions, "I."
In-ground structure.
Any work artificially built up or composed of parts joined together in a specific manner when placed in or below the ground surface, where movement of earth material is required for its placement.
J. 
Definitions, "J." No specialized terms beginning with "J" are defined.
K. 
Definitions, "K." No specialized terms beginning with "K" are defined.
L. 
Definitions, "L."
Land disturbance activity.
Any activity, including, but not limited to, grading, grubbing, excavation, transporting and filling, soil compaction, stockpiling, creation of embankments or vegetation removal, that may result in the movement of sediment or erosion from wind or water.
Landscape architect.
See "Qualified professional."
Large grading project.
Any land disturbance activity that involves an area of more than one acre, or that involves the movement of more than 1,000 cubic yards of soil, rock or other earthen materials.
Licensed contractor.
A contractor licensed in the State of California.
M. 
Definitions, "M."
Medium grading project.
Any land disturbance activity that involves an area of less than 4,000 square feet, or that involves the movement of less than 200 cubic yards of soil, rock or other earthen materials.
N. 
Definitions, "N."
Non-erodible material.
Any earthen material, including but not limited to gravel, that is not ordinarily eroded by wind or runoff in such a way as to create increased sedimentation.
O. 
Definitions, "O."
Outfall.
The point of discharge to any watercourse from a public or private stormwater drainage system.
P. 
Definitions, "P."
Percent slope.
The elevation change in feet, measured perpendicular to the contours on the land, divided by the horizontal distance in feet multiplied by 100.
Permittee.
The person or entity to whom a grading permit has been issued.
Project.
Any proposed development for a site.
Q. 
Definitions, "Q."
Qualified professional.
A member of one of the following licensed or certified groups of professionals who presently hold a California license or current certification and are in good standing and qualified to accomplish the tasks for which they are licensed or certified: civil engineer, soil or geotechnical engineer, registered geologist or geophysicist, certified soil erosion and sediment control specialist, landscape architect.
R. 
Definitions, "R."
Riparian vegetation.
Any vegetation that provides one or more of the following functions: provides shade to stream channels; is close enough to a stream to contribute large, woody debris to the stream; adds small organic matter to streams; stabilizes banks of streams; controls sediment input to a stream from surface erosion; regulates nutrient and pollutant inputs to streams.
Runoff.
Rainfall or irrigation water flowing over the ground surface.
S. 
Definitions, "S."
Sedimentation.
The deposition of soils or surface materials transported by surface water as a product of erosion.
Setback.
An area adjacent to a body of water in which grading and vegetation removal is restricted.
Site.
A geographically contiguous area where a land disturbance activity is to take place.
Site plan.
A plan or set of plans that show details of land disturbance activities.
Small grading project.
Any land disturbance activity that involves an area of less than 1,000 square feet, or that involves the movement of less than 50 cubic yards of soil, rock or other earthen materials.
T. 
Definitions, "T."
Terrace.
A relatively level step constructed in the face of a graded slope.
Top of bank.
The ordinary high water level for a water basin or wetland, or the break in slope for a watercourse.
U. 
Definitions, "U." No specialized terms beginning with "U" are defined.
V. 
Definitions, "V." No specialized terms beginning with "V" are defined.
W. 
Definitions, "W."
Watercourse.
Any topographic depression, natural or improved stream, river, creek, ditch, channel, canal, conduit, gutter, culvert, drain, gully, swale, wash, or structure that conveys or receives water, including runoff, either continuously or intermittently. The term "watercourse" includes the bed and banks of intermittent streams.
Watershed.
An area or region in which all water drains to the same point.
Wetlands.
A lowland area, such as a marsh, that is saturated with moisture.
X. 
Definitions, "X." No specialized terms beginning with "X" are defined.
Y. 
Definitions, "Y." No specialized terms beginning with "Y" are defined.
Z. 
Definitions, "Z." No specialized terms beginning with "Z" are defined.
(Ord. 1749 § 2)
A. 
General. Any best management practices (BMPs) needed in order to meet requirements of this chapter shall be chosen from the 2003 California Storm Water Quality Construction Handbook, published by the California Storm Water Quality Association, as may be updated from time to time, or from the city engineering design standards.
B. 
Grading.
1. 
Grading shall maximize the retention of natural landforms and features.
2. 
Grading shall not contribute to landslides, accelerated soil creep, settlement or subsidence.
3. 
Grading shall be conducted so as to expose the smallest practicable area of soil to erosion for the least possible time, consistent with an anticipated buildout schedule.
4. 
Grading shall not create or contribute to flooding, erosion or increased turbidity, siltation or other forms of pollution in a watercourse.
5. 
Grading shall be conducted in compliance with the Butte County Air Quality Management District's Indirect Source Guidelines, in order to prevent degradation of ambient air quality.
6. 
Final contours, elevations and shapes of finished surfaces shall be blended with adjacent natural terrain, to the extent practical, to achieve a consistent grade and natural appearance.
C. 
Erosion and Sedimentation Control.
1. 
The maximum permanent rate of sediment loss after completion of a project shall not exceed the natural erosion rate that occurred prior to the project.
2. 
Drainage improvements for site runoff, including, but not limited to, runoff from all roadways and other impervious surfaces, shall be designed to minimize erosion.
3. 
Temporary slope surface stabilization shall be used to protect exposed erodible areas during grading.
4. 
Erosion and sediment control devices shall be installed for all grading to prevent sediment discharges.
5. 
Vehicles from the project site shall not track or drop earth materials onto paved surfaces or public streets off-site.
6. 
Erosion and sediment control devices, measures and vegetative cover shall be maintained until soil stabilization on the site has been assured.
7. 
Every project site shall be stabilized in its entirety at the close of the construction season to control erosion.
D. 
Cuts and Fills.
1. 
Fills shall be constructed in layers and compacted to a minimum of 95% of their maximum density, unless a geotechnical report, prepared by a qualified professional and approved by the city engineer, demonstrates that a modified standard is acceptable. The geotechnical report shall identify what uses and structures would be acceptable in any areas of fill that are compacted to a modified standard, and building permits for the site shall be issued only for structures that conform to the recommendations of the geotechnical report.
2. 
Fill material shall consist of high-quality, nonexpansive soil that does not contain detrimental amounts of large rocks, clay or organic material.
E. 
Watercourses.
1. 
Existing watercourses shall not be obstructed or disturbed.
2. 
A temporary stream crossing shall be installed if a wet watercourse shall be crossed regularly during construction. The installation of the crossing shall be subject to applicable local, state and federal permits.
3. 
Water that drains into a natural watercourse shall be delivered at non-erosive velocities and volumes.
4. 
In areas of special flood hazards, the requirements of Chapter 15.96 of this Code shall apply.
F. 
Maintenance.
1. 
All erosion control measures and drainage structures shall be inspected daily by the project crew while construction is active.
2. 
After construction, all vegetative erosion control measures shall be inspected regularly until the plants have become established.
(Ord. 1749 § 2)
A. 
Permits Required.
1. 
For all land disturbance activities that are not exempt from this chapter's permit requirements, as provided in Section 15.88.040, the following permit requirements shall apply:
a. 
Small grading projects, as defined in this chapter, shall be required to obtain an erosion control permit.
b. 
All other projects shall be required to obtain a grading permit.
2. 
For projects that are required to obtain a building permit or encroachment permit, the following provisions shall apply:
a. 
The information required for an erosion control permit or grading permit, as applicable, shall be submitted with the application for a building permit or encroachment permit.
b. 
The application fee for the erosion control permit or grading permit shall be waived. However, the application shall be subject to all other applicable fees required by this chapter.
B. 
Application for Erosion Control Permit. An application for an erosion control permit shall be submitted to the city engineer as provided in this section. The application shall be in a form approved by the city engineer and shall include the following as applicable:
1. 
Site plans showing all of the following:
a. 
Property boundaries.
b. 
The locations of existing structures, adjoining streets and easements.
c. 
A map showing the existing topography of the site.
d. 
The location and type of any vegetation that is to be removed.
e. 
The location of drainage features and sediment delivery sites, including, but not limited to, culverts, cuts, fills, terraces, outfalls and watercourses.
f. 
The location of naturally unstable areas that pose a risk of sediment delivery into watercourses, lakes, ponds and wetlands.
2. 
The quantity and type of material to be graded, excavated or filled.
3. 
The purpose of the grading, excavation, fill or clearing.
4. 
A proposed schedule for the land disturbance activity.
5. 
The name and address of the person responsible for the correctness of work done under the permit, and for providing access to the site for inspections.
6. 
An erosion and sediment control plan that is prepared by a qualified professional, or by a licensed contractor if the project is a medium grading project as defined in this chapter, and that includes all of the following:
a. 
Any mitigation measures and best management practices (BMPs) necessary to control erosion and sediment transport.
b. 
Revegetation plans for activities that alter the site's vegetative cover and create surfaces prone to erosion.
c. 
Protection mechanisms for vegetation not approved for removal, including, but not limited to, minimized grading within an area that is one and a half times as large as the drip line of any trees that are not approved for removal. This requirement is intended to ensure protection of root systems.
d. 
Provisions for maintenance of erosion control and vegetative measures, including estimates of the cost of maintenance.
e. 
Proposed schedules for installation of all temporary and permanent erosion and sediment control measures.
f. 
A winterization plan, if any portion of the project will occur between October 1st and April 30th, which shall show any additional measures that are necessary to provide erosion and sediment control during winter storms.
7. 
A tree management and preservation report, if any part of the site includes oak woodlands. The report shall be prepared by a certified arborist and shall include recommendations for the retention of healthy, mature oak trees wherever feasible. It shall also provide for oak regeneration corridors wherever feasible on the site.
8. 
A copy of the applicable environmental review document, if one is required.
9. 
Application and inspection fees established by resolution of the city council.
C. 
Application for Grading Permit. Notwithstanding any provision of the city building code, an application for a grading permit shall be submitted to the city engineer as provided in this section. The application shall be in a form approved by the city engineer and shall include all of the materials required for an application for an erosion control permit, as provided in subsection B of this section, in addition to the following information:
1. 
A site plan showing final proposed grades, including the proposed location and depth of any excavation areas.
2. 
A description of the source of any fill material to be used, and the location where any excavated material will be taken, including maps of the proposed routes for hauling these materials.
3. 
A soils report and geological hazard report, when required by the city engineering design standards.
4. 
A copy of the storm water pollution prevention plan (SWPPP) for the project, if one is required.
D. 
Environmental Review.
1. 
If the California Environmental Quality Act (CEQA) requires environmental review for a project that is required to obtain an erosion control permit or grading permit, the city engineer shall not issue the permit until the environmental review document has been completed and filed with the appropriate agency.
2. 
The issuance or denial of an erosion control permit or grading permit for any activity that requires a stormwater pollution prevention permit (SWPPP), or for a large grading project as defined in this chapter, shall be considered a discretionary action and shall be subject to all applicable provisions of the California Environmental Quality Act (CEQA).
3. 
Any applicable mitigation measures required as a result of environmental review shall be incorporated into the permit application.
E. 
City Engineer Action.
1. 
The city engineer shall approve an erosion control permit or grading permit application and issue the permit unless any of the following conditions apply:
a. 
The project fails to comply with all applicable laws and regulations, including the requirements of this chapter.
b. 
A soils report or geological hazard report indicates adverse soil or geological conditions, and the applicant has failed to demonstrate to the satisfaction of the city engineer that the conditions can be corrected.
c. 
The director of parks and trees determines that the applicant has not adequately provided for the retention of oak woodlands and related vegetation associated with the project.
2. 
Upon rejecting an application for an erosion control permit or grading permit, the city engineer shall provide written notice to the applicant and shall return any inspection fees for inspections that were not performed.
3. 
The city engineer's approval of an erosion control permit or grading permit shall not relieve the applicant of responsibility for the design of the site clearance work, including its erosion and sediment control plan, and for any deficiencies in any aspect of the plan.
F. 
Appeals. If the applicant or any other person is dissatisfied with the city engineer's action regarding an erosion control permit or grading permit, he or she may appeal, in writing, to the city council within 15 days after notice of the action has been issued. Within 30 days of the filing of an appeal, the city council shall consider the action taken by the city engineer and the appeal of that action. The city council shall render its decision within 30 days after considering the appeal.
G. 
Duration and Extension of Permits.
1. 
Erosion control permits and grading permits shall be valid for one year from the date of issuance.
2. 
The city engineer may extend the initial approval for an additional one-year period upon receipt, prior to expiration of approval, of a written application for extension, signed by the permittee and accompanied by any fee established by resolution of the city council.
H. 
Securities.
1. 
A security shall be furnished for any large grading project, as defined in this chapter, before work begins on the site. The security shall be provided in a form approved by the city attorney.
2. 
The security shall be based on an estimate, prepared by a qualified professional or a licensed contractor, of the cost of installing permanent erosion and sediment control measures. Labor costs shall be calculated using the prevailing wage in the city. The estimate shall be subject to approval by the city engineer.
3. 
The security, excluding any portion used to install erosion and sediment control measures, shall be released upon the city engineer's issuance of a notice of completion.
I. 
Inspections.
1. 
For large grading projects, as defined in this chapter, the permittee shall hold a pre-grading meeting with the city engineer before conducting any land disturbance activity. At the pre-grading meeting, the permittee shall demonstrate that, to the extent practicable before conducting the land disturbance activity, the erosion and sediment control plan has been implemented.
2. 
For all projects that are subject to an erosion control permit or grading permit, the city engineer shall conduct periodic inspections as necessary to ensure that the work is being completed in conformance with the approved design.
3. 
For all projects that are subject to a grading permit, a post-project inspection shall be conducted after the work has been completed to verify that it is in conformance with the approved design.
a. 
For large grading projects, as defined in this chapter, the city engineer may require that the post-project inspection be performed by a qualified professional, working under the direction of the city engineer, who shall submit a written report to the city engineer. The report shall include an inspection checklist in a form approved by the city engineer, certifying that all vegetation and erosion and sediment control devices have been installed in conformance with the permit. The permittee shall bear the cost of this inspection.
b. 
The city engineer shall notify the permittee in writing of the results of the post-project inspection.
4. 
For all projects that are subject to an erosion control permit or grading permit, the city engineer shall conduct a final inspection to verify that all permanent erosion control measures have been established and remain in place. Upon so determining, the city engineer shall issue a notice of completion to the permittee. The final inspection shall be conducted within one year after notification is sent to the permittee of the results of the post-project inspection.
5. 
If, at any time, the city engineer determines that work is not in conformance with the approved permit, the permittee shall be notified of the project deficiencies and directed to take immediate action to make corrections.
J. 
Enforcement.
1. 
The city engineer shall issue a stop-work order if, at any time during the progress of the work, it appears that public or private property is endangered; the work poses hazards to health, safety or property; the erosion and sediment control for the project is inadequate; or the work is not in conformance with the approved permit.
2. 
Upon issuing a stop-work order, the city engineer shall request revisions from the applicant, if necessary, to address the deficiencies in the project. The city engineer shall cancel the stop-work order upon approving the revisions.
3. 
The permittee may appeal required revisions as provided in subsection F of this section.
(Ord. 1749 § 2)
Any person or entity violating any of the provisions of this chapter shall be deemed guilty of an infraction, which shall be issued as provided in Section 1.08.010, and upon conviction shall be punished by a fine not to exceed the amount outlined in the Master Fee Schedule. Each day on which the violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such under the provisions of this section.
(Ord. 1749 § 2)