No person shall do or permit to be done any grading or other construction activity in such a manner that quantities of dirt, soil, rock, debris or other natural or construction materials, substantially in excess of natural levels, are washed, eroded or otherwise moved from the site or discharged to SEZs either on or off of the site, except as specifically provided for by a permit. In no event shall grading activities cause or contribute to the violation of provisions of any applicable NPDES storm water discharge permit.
(Ord. 1000 § 1; Code 1997 § 36-4)
No person shall do or permit to be done any grading which may obstruct, impede or interfere with the natural flow of storm waters, in such manner as to cause flooding where it would not otherwise occur, aggravate any existing flooding condition or cause accelerated erosion. This section applies whether such waters are unconfined upon the surface of the land or confined within land depressions or natural drainage ways, unimproved channels or watercourses, or improved ditches, channels or conduits.
(Ord. 1000 § 1; Code 1997 § 36-5)
A. 
Unless specifically exempt as stated below, a valid grading permit issued by the city is required on any site in the city of South Lake Tahoe for all grading activities involving more than three cubic yards of soil disturbance. Grading activities covered under other city permits which specifically include grading activities (including, but not limited to, building, demolition, and encroachment permits) are considered to be covered under a valid grading permit; provided, that the permittee meets all requirements of this chapter.
A grading permit shall also be required for the following:
1. 
Retaining walls or other slope stabilization measures which, together or individually, are over four feet in height, as measured from bottom of footing to top of the retained soil;
2. 
Any retaining walls that are subject to surcharge;
3. 
Private vehicular bridge; and
4. 
Swimming pool construction where depth of fill exceeds four feet.
B. 
The issuance or granting of a permit shall not be deemed or construed to be a permit for, or approval of, any violation of any of the provisions of this chapter.
(Ord. 1000 § 1; Ord. 1072 § 1 (Exh. A); Code 1997 § 36-6)
Unless in conflict with provisions of adopted general and/or specific plans, the following grading may be done without obtaining a city grading permit:
A. 
Grading activities governed and operating under permits issued by TRPA or Lahontan regional or state water boards or Caltrans;
B. 
Excavations (but not fill operations) in connection with a swimming pool authorized by a valid building permit. Any swimming pool fill operation must comply with SLTCC § 7.20.060(A)(4) to be exempt;
C. 
Grading in accordance with plans incorporated in an approved reclamation plan, or sanitary landfill or environmental remediation project or petroleum product tank removal and installation including soil or geological investigations by a geotechnical engineer, civil engineer, or engineering geologist where permitted by any other state or county agency;
D. 
Maintenance of existing firebreaks and roads to keep the firebreak or road substantially in its original condition;
E. 
Routine cemetery excavations and fills;
F. 
Performance of emergency work necessary to protect life or property when an urgent necessity arises. The person performing such emergency work shall notify the department promptly of the problem and work required and shall apply for a permit within 10 calendar days after commencing such work, if the work has not been completed and the site restored within 10 days;
G. 
Timber harvest operations conducted under valid regional, state or federal permit; and
H. 
Stream restoration or alteration projects conducted under valid regional, state or federal permits, e.g., stream alteration permits, water quality certifications, etc.
Exemption from the requirement of a grading permit shall not be construed as permission to violate any provision of this chapter.
(Ord. 1000 § 1; Code 1997 § 36-7)
No person shall perform any grading work within the right-of-way of a public road or street, or within a public easement, without prior written approval of the director. (See Chapter 7.05 SLTCC, Article II, Encroachments.)
(Ord. 1000 § 1; Code 1997 § 36-8)
A. 
The schedule of fees and costs shall be those established and adopted by the city council from time to time by resolution or ordinance. Before a permit is issued, the applicant shall deposit with the department cash, credit card payment, or a check, in a sufficient sum to cover the fee for issuance of the permit, charges for review of plans, specifications and reports, other engineering services, field investigations, necessary inspection or other work and routine laboratory tests of materials and compaction, all in accordance with schedules established and adopted by the council.
B. 
Fees shall be waived for public agencies. At the sole discretion of the director, fees may be required for large public agency projects which would require extensive plan or technical report reviews or inspections.
C. 
If grading work is done in violation of this chapter or such work is not done in accordance with an approved permit, a fee covering investigation of any violation and inspection and plan checking of work required to correct such violation shall be charged to the violator to cover all actual costs. The permit fee for work without a permit shall be twice the normal permit fee. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.
(Ord. 1000 § 1; Ord. 1072 § 1 (Exh. A); Code 1997 § 36-9)
All grading, even if a city permit is not required, must comply with design standards in Article VII of this chapter and with the following:
A. 
Grading and soil disturbance involving more than three cubic yards of soil disturbance is prohibited during the period from October 15th through May 1st unless otherwise approved in writing, by the director. If the grading activity requires permits from TRPA and/or the Lahontan Regional Water Quality Control Board, written approval from the applicable permitting agency(ies) for grading between October 15th and May 1st must be provided to the department prior to any grading between October 15th and May 1st. Upon receipt of documentation of written approval from the other permitting agency(ies), the director, at his or her sole discretion, may waive the requirement for city written approval of grading between October 15th and May 1st. Complete winterization of the site is required by October 15th, if work is not complete and permanent revegetation is not established.
B. 
All work shall be in conformity with any grading restriction required by other federal, state, regional, or local agencies.
C. 
Unnecessary disturbance to soils and vegetation outside of the work area is prohibited. Areas of the site not approved for grading, vegetation removal, or construction shall be fenced or otherwise marked or protected to prevent damage from vehicles. These fences or other protective measures shall be inspected, maintained, and repaired as necessary.
D. 
Prior to initiation of grading or construction-related activity which could result in discharge of sediment from the site or to SEZs, temporary erosion control measures shall be installed to prevent transport of earthen materials and other wastes off of the site.
E. 
If the director determines that any grading on private or public property constitutes a hazard to public safety; endangers property; adversely affects the safety, use or stability of adjacent property, an overhead or underground utility, or a public way, watercourse or drainage channel; or could adversely affect the water quality of any water bodies or watercourses, the director may issue a stop work notice to the owner of the property upon which the condition is located, or other person or agent in control of such property. Upon receipt of such stop work notice, the recipient shall, within the period specified therein, stop all work, obtain a grading permit and conform to the conditions of such permit. The department may require the submission of plans or soil or geological reports, detailed construction recommendations, drainage study or other engineering data prior to and in connection with any corrective or proposed work or activity.
(Ord. 1000 § 1; Code 1997 § 36-10)
No permit issued under this chapter may be transferred or assigned in any manner whatsoever, without the express written consent of the department.
(Ord. 1000 § 1; Code 1997 § 36-11)
As a condition of the permit, the property owner shall grant the city a right of entry for the duration of the permit until after final inspection. Whenever necessary to enforce the provisions of this chapter, the director or designee may enter the premises to perform any duty imposed by this chapter.
(Ord. 1000 § 1; Code 1997 § 36-12)
Neither issuance of a permit under the provisions of 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 for damage to any person or property.
(Ord. 1000 § 1; Code 1997 § 36-13)
No building permit, water, sewer, electrical permit, or any other permit shall be issued by the city to any person for any premises or portion thereof which is in violation of this chapter.
(Ord. 1000 § 1; Code 1997 § 36-14)
Property owners who submit applications for permits for grading for projects that have an approved subdivision, or the intended use has an approved discretionary zoning permit or has an approved design review permit must comply with the following requirements:
A. 
A separate grading plan shall be submitted to the community development department for review and approval. This plan shall conform to the requirements of this grading chapter and any applicable conditions placed on the project as a result of any formal discretionary permit process. The applicant shall acknowledge that any additional grading or revisions to work necessitated by conflicts discovered during plan review or subsequent construction will be corrected at the applicant's expense.
B. 
The property owner shall submit a revegetation and winterization plan for review and approval. If applicable, this plan shall include a performance agreement with the city of South Lake Tahoe which includes a specific schedule for performance of the subject grading, an engineer's estimate of cost for implementing the plan, and an approved form of security to ensure the timely performance of the plan.
C. 
Applicable plan review and inspection fees deposit shall be required in compliance with the fee schedule established and adopted by the city council.
D. 
A drainage report shall be required pursuant to the requirements of this grading chapter.
(Ord. 1000 § 1; Code 1997 § 36-15)
The provisions of this chapter shall not apply to construction for which all previously necessary permits were obtained, before the effective date of the ordinance codified in this chapter or any subsequent amendments.
(Ord. 1000 § 1; Code 1997 § 36-16)