This chapter shall be known and may be cited as the "grading control ordinance."
(Ord. 22-008 § 4)
A.
Purpose. This chapter is enacted to regulate grading on property within the City in order to accomplish the following purposes:
1.
To safeguard life, health, property, and natural resources, and to promote the general public welfare; provided, however, this chapter is not intended to, and shall not be construed so as to, create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by its terms;
2.
To ensure that the intended use of a graded site is consistent with the policies of the General Plan and all applicable City ordinances and regulations;
3.
To establish uniform engineering standards and procedures for grading, excavation and earthwork construction, including fills and embankments, and to allow reasonable deviations from these standards;
4.
To establish administrative procedures for the issuance of permits and provide for the approval of plans, specifications, and the inspection of grading construction;
5.
To supplement the grading regulations within the Dixon Building Code;
6.
To avoid the disruption of natural or City-authorized drainage flows caused by the activities of clearing and grubbing, grading, filling and excavation of land;
7.
To avoid the degradation or pollution of watercourses with nutrients, sediments, or other materials generated by new development and redevelopment;
8.
To minimize increases in storm water runoff from development and redevelopment in order to reduce flooding, siltation, increases in stream temperature, and streambank erosion and maintain the integrity of stream channels;
9.
To meet the requirements of State and Federal law and the City's municipal storm water National Pollutant Discharge Elimination System ("NPDES") permit.
B.
Scope. This chapter sets forth rules and regulations to control land disturbances, landfill, soil storage, pollution, and erosion and sedimentation resulting from new development and redevelopment, and establishes procedures for the issuance, administration and enforcement of permits for such activities. Except as otherwise provided in this chapter, all grading shall conform to the provisions of this chapter and all other applicable provisions of the Dixon Municipal Code and the code of the City of Dixon.
C. "Applicant" "Best management practices (BMPs)" "City" "City Council" "Civil engineer" "Clean Water Act" "Compaction" "Construction activity" "Cut" or "excavation" "Development" "Earth material" "Emergency grading" "Engineered grading" "Engineering geologist" "Erosion" "Erosion and sediment control plan" "Erosion control" "Exploratory grading" "Export" "Finished grading" "Geologic hazards" "Grade" "Grading" "Import" "National Pollutant Discharge Elimination System (NPDES) storm water discharge permits" "Pad elevation, graded" "Person" "Pollutant" "Porter-Cologne Act" "Post-construction erosion and sediment control plan" "Property owner" "Regular grading" "Rough grading" "Runoff" "Sediment" "Sediment control" "Site" "Slope" "Soil" "Soils engineer" "Soils engineering" "Storm drain system" "Storm water" "Verification" "Watercourse"
Definitions. To the extent not inconsistent with the Clean Water Act, the Porter-Cologne Act or the implementing regulations of those acts, the words used in this chapter shall have the meanings assigned to them in this section. If not defined in this section, they shall have the meanings assigned to them in the Uniform Building Code, as such code is adopted by the City.
means any person seeking or receiving a grading permit pursuant to this chapter.
means activities, practices, and procedures to prevent or reduce the discharge of pollutants directly or indirectly to the municipal storm drain system and waters of the United States. Best management practices include but are not limited to: treatment facilities to remove pollutants from storm water; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-storm water, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures and such other provisions as the City determines appropriate for the control of pollutants.
means the City of Dixon.
means the City Council of the City of Dixon.
means a professional engineer registered and certified by the State of California.
means the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) as it now exists or may hereafter be amended.
means the increase of density of a soil or rock fill by mechanical means.
means activities subject to National Pollutant Discharge Elimination System (NPDES) construction permits. These include all construction projects resulting in land disturbance of one (1) or more acres. Such activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition.
means the removal of naturally occurring materials by manual or mechanical means, and the conditions resulting therefrom.
means the building or placement of any structure or portion thereof, including, but not limited to, excavation and grading.
means any rock, natural soil or fill and/or any combination thereof. "Embankment" or "fill" means the deposit of soil, rock or other materials placed by artificial means and the conditions resulting therefrom.
means grading that is a response to an occurrence or a situation that involves a clear and imminent danger, requiring immediate action to prevent or reduce the loss or damage to life, health, property or essential public services.
means grading in excess of five thousand (5,000) cubic yards, and all grading for permanent correction of a landslide, rockslide, mud flow, debris flow, or other failure of earth or rock, and not of an emergency or maintenance nature.
means an engineering geologist registered and certified by the State of California.
means the transport or displacement of the ground surface or soil as a result of the movement of wind, water or ice.
("ESC plan") means a set of best management practices or equivalent measures designed to control surface runoff and erosion, retain sediment on a particular site, and prevent pollution of site runoff during the period in which preconstruction and construction related grading and/or soil storage occur, and before final improvements or permanent structures are completed.
means measures that prevent erosion, including, but not limited to, seeding, mulching, vegetative buffer strips, sod, plastic covering, burlap covering, watering and other measures which control the movement of the ground surface or soil.
means grading for the purpose of determining conditions on a site.
means the hauling of natural earth materials from a site.
means the final elevation of the site which conforms to the approved grading plan. This includes the finished pad elevation of all buildings, and the final elevations of building access, nonbuilding structures, paving and landscaping associated with a project.
means any condition in earth, whether naturally occurring or artificially created, which is dangerous or potentially dangerous to life, property, or improvements due to movement, failure, or shifting of earth. For the purposes of this chapter, soil conditions which endanger or potentially endanger life, limb, or property, or which, in the opinion of the Building Official, may lead to structural defects in structures located on or adjacent to soils having such conditions, shall be considered geologic hazards. Such geologic hazards include, but need not be limited to, faults, landslides, mudslides, and rockfalls; erosion and sedimentation; subsidence or settlement; and weak, expansive, or creeping soil.
means the elevation of the ground surface as measured from a known vertical control.
means the act or result of digging, excavating, transporting, spreading, depositing, filling, compacting, settling, or shaping of land surfaces and slopes, and other operations performed by or controlled by human activity involving the physical movement of rock or soil.
means the hauling of natural earth materials to a site.
means general, group, and individual storm water discharge permits which regulate facilities defined in Federal NPDES regulations pursuant to the Clean Water Act and the Porter-Cologne Act. The California Regional Water Quality Control Board, Central Valley Region, and the State Water Resources Control Board have adopted general storm water discharge permits, including but not limited to the general construction activity and general industrial activity permits.
means the finished grade elevation of the building pad area for a residential or nonresidential structure and does not include areas for parking, landscaping, or other nonbuilding structure uses.
means any person, firm, corporation, business entity, or public agency, whether principal, agent, employee, or otherwise.
means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure (including, but not limited to, sediments, slurries, and concrete rinsates); and noxious or offensive matter of any kind.
means Cal. Water Code § 13000 et seq., as it now exists or may hereafter be amended.
("PC plan") 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 final structures and permanent improvements have been erected or installed.
means the legal owner of the property where the grading work is to be done, as shown on the latest equalized assessment roll in the office of the Solano County Assessor.
means grading involving five thousand (5,000) cubic yards or less or grading of an emergency or maintenance nature, and not for permanent correction, of a landslide, rockslide, mud flow, debris flow, or other failure of earth or rock.
means the stage at which the grade approximately conforms to the approved plans, and structure foundation areas are at plan or sub-base foundation grade.
means surface water runoff and drainage related to storm events, snow melt, street wash water related to street cleaning or maintenance, and other waters associated with new development and redevelopment which are or may be introduced into the storm drain system.
means any material transported or deposited by water, including, but not limited to, soil debris or other foreign matter.
means measures that prevent eroded sediment from leaving the site, including, but not limited to, dikes, sediment detention traps, sediment detention basins, filters, fences, barriers, swales, berms, drains, check dams, and other measures.
means a parcel or parcels of real property owned by one (1) or more than one (1) person on which activity regulated by this chapter is occurring or is proposed to occur.
means an inclined ground surface the inclination of which may be expressed as the ratio of horizontal distance to vertical distance.
means all earth material of any origin that overlies bedrock and may include the decomposed zone of bedrock which can be excavated readily by mechanical equipment.
means an engineer registered in the State of California as being qualified to practice soils and geotechnical engineering.
means the application of the principles of soil mechanics in the investigation, evaluation, design, and construction of civil works involving the use of earth materials and the inspection and testing of the construction thereof.
means the publicly owned facilities operated by the City by which storm water is collected and/or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures which are within the City and are not part of a publicly owned treatment works as defined at 40 CFR § 122.2.
means any surface flow, runoff, and drainage consisting entirely of water from rainstorm events.
means a written document prepared by the civil engineer, soils engineer or engineering geologist, as appropriate, attesting to completion of the work as shown on the approved plans and/or as described in a soils or geotechnical report.
means any natural stream, whether flowing continuously or not, that is fed from permanent or natural sources, including, but not limited to, rivers, creeks, runs, and rivulets.
(Ord. 22-008 § 4)
A.
Any excavation, embankment, or fill on private property which is in a condition that could, in the opinion of the Building Official, City Engineer or the Director of Public Works, endanger persons or property, an overhead or underground utility, a public way, watercourse or drainage channel or swale, or which could adversely affect the water quality of any water bodies or watercourses, is hereby declared to be a public nuisance.
B.
The owner of the property upon which such a public nuisance is located, or other person or agent in control of said property, upon receipt of notice in writing from the Building Official, City Engineer or the Director of Public Works, shall, within the period specified therein, repair, abate or eliminate such nuisance so as to be in conformance with the requirements of this chapter. The Building Official, City Engineer or the Director of Public Works may require the submission of plans, soil or geological reports, detailed construction recommendations, drainage study or other engineering data prior to and in connection with any work or activity proposed or required to correct such condition.
(Ord. 22-008 § 4)
A.
Permit Required. It is unlawful to undertake any of the following grading activities without a grading permit issued by the Building Official:
B.
Application. An application for a grading permit pursuant to this chapter shall be submitted on a form specified by the Building Official or the City Engineer, as appropriate, and shall include, but not be limited to, the following:
1.
The name, address and other contact information for the applicant, and the location of the site on which grading is to occur.
2.
The name, address and other contact information for the owner of the site on which grading is to occur, if different from the applicant, and written authorization by the owner for the applicant to submit the application and perform the grading.
3.
Payment of the grading permit fee as specified by resolution of the City Council.
4.
Plans and specifications for the proposed grading as required by the Building Official or City Engineer.
5.
A soils engineering report or engineering geology report if required by the Building Official or City Engineer.
6.
In the case of construction activity subject to NPDES permitting requirements, an erosion and sediment control plan (ESC plan). The ESC plan shall include sufficient engineering analysis to show that the proposed erosion and sediment control measures during the period when preconstruction and construction related grading activities are to occur are capable of controlling surface runoff and erosion, retaining sediment on the project site, and preventing pollution of site runoff in compliance with the Clean Water Act, this chapter and such standards and specifications as may be adopted by the City. The ESC plan shall include, but is not limited to:
a.
A natural resources map identifying the location of on-site and surrounding watercourses and wetlands, existing and proposed drainage systems, and drainage boundaries and acreages. Additional hydrologic analysis shall be provided as required by the Building Official;
b.
A sequence of construction of the site, including stripping and clearing, rough grading, construction of utilities, infrastructure, and buildings, and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, and the sequence of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation;
c.
All erosion and sediment control measures necessary to meet the objectives of this chapter throughout all phases of construction, including, but not limited to, the location, implementation and maintenance schedule of all erosion control measures and sediment control measures to be implemented or constructed prior to, during or immediately after construction. Depending on the complexity of the project, the drafting of intermediate plans may be required at the close of each season;
d.
If construction will occur between October 1st and April 30th, a certification that the applicant is prepared for an event which will stop construction, such as rain or snow, that all ESC plan best management practices shall be in place and operating correctly, that housekeeping practices shall be maintained and that the site can be left or abandoned safely for an extended period of time during the rainy season without causing any erosion or sediment control problems. If such a certification is required and has not been submitted and approved prior to September 16th, approval of the grading permit shall be suspended until the certification is submitted and approval thereof obtained.
e.
At the discretion of the Building Official, the applicant may be required to submit periodic progress reports on specified calendar dates and at the commencement and completion of specified grading and erosion and sediment control operations, documenting the applicant's compliance with the ESC plan as approved.
7.
In the case of construction activity subject to NPDES permitting requirements, a post-construction erosion and sediment control plan (PC plan). The PC plan shall include sufficient engineering analysis to show that the proposed post-construction storm water management measures are capable of controlling runoff from the site in compliance with the Clean Water Act, this chapter, and such standards and specifications as may be adopted by the City pursuant to this chapter. The PC plan shall include, but is not limited to:
a.
A statement of the proposed best management practices to be used to secure the project after completion;
b.
Provisions for maintenance of all permanent storm water management facilities, including, but not limited to, a description of the parts or components of the facility that need to be maintained; the equipment and/or skills or training necessary for such maintenance; an estimate of the cost(s) of maintenance; and any necessary easements, maintenance agreements and/or other legal instruments to ensure access to such facilities on a permanent basis;
c.
A landscaping plan for management of vegetation at the site after construction is completed, including, but not limited to, the name and address of the person who will be responsible for the maintenance of vegetation at the site and what practices will be employed to ensure that adequate vegetative cover is preserved on a permanent basis.
8.
Any other data or supporting documents as required by the Building Official.
9.
Any grading application where the design volume of either the export or import of earth material exceeds five thousand (5,000) cubic yards shall include proposed travel routes for the transport of equipment and materials. For such approvals, the City Engineer, or his designee, shall review, determine, and designate those routes which will be allowable for trucks or other equipment of applicant or its contractors or subcontractors, agents, or employees doing work under the grading permit, traveling between the construction site and/or the excavation, landfill, or quarry sites. The use of these designated routes shall be a requirement of such a grading permit. The use of routes other than the designated routes by applicant or its contractors or subcontractors, agents, or employees doing work under such a grading approval shall be cause for the City Engineer to revoke or suspend the grading approval.
C.
Technical Peer Review. In an application involving significant grade differentials or areas greater than fifty (50) acres, the Building Official may require a technical peer review of the grading plans and related reports. The review shall be conducted by a professional engineer with a technical specialty in civil engineering, soils engineering, or geotechnical engineering, as determined by the Building Official. The review shall be under contract to the City and the applicant shall pay all costs associated with the peer review.
D.
Referral of Application. The Building Official may refer an application to the City Engineer, Public Works Director and/or other interested public agencies for their recommendations on the proposed grading.
E.
Issuance of Grading Permit. The issuance of the grading permit is a ministerial action. It shall be issued upon payment of an inspection fee, which shall be in addition to the application fee, as specified by City Council resolution, and the submission of the bonds required by this chapter; provided, that the Building Official makes the following determinations before issuing the permit:
1.
That the proposed grading complies with the provisions of this chapter.
3.
That the proposed grading complies with the applicable provisions of the other local, State, or Federal regulations, including but not limited to streambed alteration permits, wetland delineations, and storm water discharge permits.
4.
Where the proposed grading is on a site that has previously been the subject of a land development approval process under either or both the City's subdivision ordinance or zoning ordinance, that the proposed grading is in conformance with any conditions of approval resulting from such land development approval process.
F.
Approved Plans in Lieu of Grading Permit. Notwithstanding the provisions of this section requiring a separate grading permit, the grading plans contained within the stamped and approved building permit plans shall function as the grading permit, and a separate grading permit does not need to be issued pursuant to this chapter.
G.
Exceptions to Requirements for Grading Permit. A grading permit is not required for the following activities:
1.
Construction of swimming pools, basements or footings of structures authorized by a valid building permit.
2.
Construction of underground utilities by a public utility or public agency or the contractor or agent of such public utility or public agency.
3.
Construction of a single-family house authorized by a valid building permit.
4.
Grading necessary for production of agricultural crops.
5.
Emergency situations posing a threat to life or property, including responses to flood, earthquake or fire.
(Ord. 22-008 § 4)
A grading permit shall not be issued by the Building Official if in his or her judgment the proposed grading does not comply with the provisions of this chapter. The applicant shall be notified in writing of the reasons why the application was disapproved.
(Ord. 22-008 § 4)
A.
All work authorized by a grading permit shall be performed and completed within the time limit specified in the approved grading permit. If the work cannot be completed within the time specified, a request for an extension of time setting forth the reasons for the requested extension shall be presented in writing to the Building Official, as appropriate, prior to the expiration of the grading permit. The Building Official may grant additional time for the work.
B.
If a grading permit expires, no further grading shall be done without renewing the permit. The permit may be renewed by reapplying for a grading permit pursuant to this chapter. Any costs associated for reviewing and renewing the permit shall be at the applicant's expense.
(Ord. 22-008 § 4)
A.
The approved plans and specifications upon which a grading permit has been based shall not be changed, modified, or altered without authorization from the Building Official and all work shall be done in accordance with the approved plans.
B.
The issuance of a grading permit will not revoke or suspend the requirements of any other permit, final map, or parcel map, improvement plans or improvement contract, or the authority of any other agency or regulatory body having jurisdiction over the use or development of the land to be graded. The issuance of a grading permit hereunder shall not be construed as an approval of any action or condition constituting a violation of this chapter or of any other applicable laws, ordinances, rules or regulations.
(Ord. 22-008 § 4)
Neither the issuance of a grading permit under this chapter nor compliance with the provisions hereof or with any conditions imposed in a permit issued hereunder shall relieve any person from responsibility for damage to any person or property or impose any liability upon the City, or any officer, employee, board, commission or authority of the City, for any damage to any person or property.
(Ord. 22-008 § 4)
No approval or permit issued hereunder may be transferred or assigned in any manner whatsoever without the express written consent of the Building Official or City Engineer, as appropriate.
(Ord. 22-008 § 4)
A.
Prior to the issuance of a grading permit, the applicant shall post a faithful performance bond, or other form of security, in a form approved by the City Attorney, to ensure that the grading will be completed in accordance with approved plans and specifications, will be corrected to eliminate hazardous conditions that may result, to clean up any debris left in the public right-of-way and to repair any damages that may occur. The bond may be released by the Building Official upon the satisfactory completion of the grading and the cleanup of the site.
B.
Faithful performance bonds shall be in the penal sum of one hundred percent (100%) of the Building Official's estimate of the cost of the grading. The cost estimate shall include, but is not limited to:
1.
The cost of cubic yards moved based on the volume of mass grading;
2.
The cost of grading individual lots just prior to occupancy based on the volume of finished grading;
3.
The cost of any drainage structure designed to protect slope stability;
4.
The cost of all materials and labor associated with the installation and maintenance of the erosion control plan;
5.
The cost of any construction required by the soils or geologic report.
C.
In addition to the faithful performance security required above, the City Engineer may require the deposit of a maintenance bond or security in the amount of ten percent (10%) of the estimate of the cost of grading to guarantee and maintain the grading work performed, to assure the proper functioning of drainage systems and to ensure adequate post-construction erosion and sediment control. Said maintenance security shall be in a form acceptable to the City Attorney, and shall remain in effect for a period of one (1) year after the date of acceptance of the grading work.
D.
The requirements for separate security or bonds may be waived if the obligations are included in the terms of other security provided to the City under the terms of other ordinances.
E.
Upon failure to complete the grading, failure to comply with all of the terms of this chapter, or failure of the completed site to function properly or to provide proper drainage or erosion and sediment control as required hereunder, the City may, in addition to any other remedy available at law or in equity, do the required work, or cause it to be done and collect from the applicant or surety all costs incurred thereto, including administrative, legal and inspection costs.
(Ord. 22-008 § 4)
All grading shall be subject to the following standards:
A.
Cuts and Fills. All fills shall be compacted according to the recommendations of the soils report if a soils report has been prepared. The compaction test method and the required relative compaction shall be indicated on the plans and/or specifications. The slope of cut or fill surfaces shall not be steeper than two (2) to one (1), except as specifically approved by the Building Official.
B.
Drainage and Terracing. Unless otherwise specifically approved by the Building Official, drainage facilities and terracing shall conform to the grading regulations of the Uniform Building Code.
C.
Setbacks. The tops and toes of cut and fill slopes shall be set back from existing or proposed property lines and existing or proposed structures as far as necessary to avoid impacting the neighboring properties, and to provide for adequate foundation support, required swales, berms and drainage facilities, contour grading, and applicable subdivision or zoning requirements. The minimum setbacks shall be in accordance with the Dixon Building Code, as adopted by the City; however, those setbacks are minimum requirements and may be increased by the Building Official or City Engineer when it is determined that such additional requirement is necessary for stability of the site, for safety, or to prevent future damage from water, soil, or debris.
D.
Erosion Control Measures. All grading shall be subject to erosion control measures as required by the Building Official, as appropriate. Erosion control measures shall include the following:
1.
Filter Materials. Filter materials shall be provided to prevent any debris and dirt from the construction activity from flowing into the City storm drain system;
2.
Disturbed Areas. The faces of cut and fill slopes which accept overland or sheet flow or any cut or fill slope of erodible material over three (3) feet in height shall have approved erosion control installed immediately following rough or finished grading between November 1st and April 30th. Slopes graded between April 30th and November 1st shall have erosion control installed no later than November 1st. The Building Official may require that moneys be deposited to ensure that the erosion control measures are installed by November 1st. An approved erosion control plan or ESC plan may include effective planting or other erosion control devices and may require maintenance in a manner satisfactory to the City by means of contracts, deed restrictions, or other instruments approved by the City;
3.
Other Devices. Check dams, sedimentation basins, cribbing, riprap, hydro-seeding, or other devices or methods to control erosion and sediments shall be employed when necessary to provide safety and protect water quality;
4.
Exceptions. Where cut and fill slopes are not subject to erosion due to the erosion resistant character of the materials, the requirement for protection specified under subsections (D)(2) and (3) of this section may be deleted by the Building Official.
E.
Dust and Debris Control Measures. It shall be the responsibility of any person who engages in any grading to take adequate measures to prevent wind blown debris, including, but not limited to, cardboard, paper, soil, and any other construction materials capable of being carried by the wind, from being blown off the construction site.
F.
Water Obstruction. No person shall do or permit to be done any grading which may obstruct, impede, or interfere with the natural flow of storm waters, whether such waters are unconfined upon the surface of the land or confined within land depressions, natural drainage ways, unimproved channels, watercourses, improved ditches, channels or conduits, in such a manner as to cause flooding where it would not otherwise occur, or aggravate any existing flooding condition or cause accelerated erosion except where said grading is in accordance with all applicable laws, including, but not limited to, the provisions of this chapter.
G.
Levee Work. No person shall excavate or remove any material from or otherwise alter any levee adjacent to any river, creek, bay, or local drainage control channel, without prior approval of the governmental agency or agencies responsible for the operation and/or maintenance of the levee.
(Ord. 22-008 § 4)
The provisions of this chapter shall not apply to grading activities for which all previously necessary permits and approvals were obtained prior to the effective date hereof.
(Ord. 22-008 § 4)