Except as otherwise provided in Section 7-2.302, no person shall do any grading without first having obtained a grading permit from the Public Works Department including the following:
(a) 
The excavation or removal of earth or rock from the surface layers of the ground.
(b) 
The movement or transportation of earth around, along, over, or on the surface of the ground.
(c) 
The deposition, placement, or compaction of earth materials for the construction of embankments.
(d) 
The clearing of vegetation preparatory to a grading operation. A separate permit shall be required for each site, unless the sites are contiguous and the entire area is included in the plans accompanying the application. One permit may cover both an excavation and a fill on the same site.
(Ord. 242 Div. 2 (part), 1986)
A grading permit is not required for the following:
(a) 
An excavation which (1) is less than five (5) feet in depth below natural grade and adequately supported by a retaining structure designed in accordance with the Uniform Building Code, or (2) does not create a cut slope greater than seven (7) feet in height and steeper than two (2) horizontal to one (1) vertical, or (3) does not exceed two hundred (200) cubic yards.
(b) 
A fill not intended to support structures and which does not obstruct a drainage course or alter existing drainage patterns if (1) such fill is placed on natural grade that has a slope not steeper than five (5) horizontal to one (1) vertical, or (2) is less than three (3) feet in depth at its deepest point, measured vertically upward from natural grade to the surface of the fill, or (3) does not exceed two hundred (200) cubic yards.
(c) 
Minor land leveling for agricultural farming, if the average ground elevation is not changed more than three (3) feet.
(d) 
Cemetery graves.
(e) 
An excavation below finished grade for basements and footing of structures authorized by a valid building permit or trench excavations for the purpose of installing underground utilities, if to be backfilled to natural grade.
(f) 
Grading in refuse disposal areas and sanitary landfills, mining, quarrying, processing or stockpiling of rock, sand, gravel, aggregate, or clay, for which a permit has been granted by the City Council, provided that such operations do not affect the lateral support or increase the stresses in, or pressure upon, any adjacent or contiguous property and are consistent with the grading practices set forth herein, and where the work does not block or divert any natural drainage way or increase runoff or sedimentation onto any adjacent or contiguous property.
(g) 
Improvement of watercourses and construction of drainage, irrigation, and domestic water supply systems and facilities performed under the supervision of the Flood Control District, an agency of the Federal or State Government, a water or sanitation district, or an irrigation or reclamation district.
(h) 
The construction, repair and maintenance of levees for river and local drainage control performed by a governmental agency.
(i) 
Emergency work, as authorized by the City Engineer, necessary to protect life, limb or property, or to maintain the safety, use or stability of a public way or drainage way.
(j) 
Excavation for installation of underground storage tanks where the capacity of the tank does not exceed twenty thousand (20,000) gallons.
(k) 
Grading in an isolated, self-contained area if the City Engineer determines that no danger to private or public property is likely to result from the grading operations.
(l) 
The structural section of subdivision streets in tracts for which subdivision improvement plans have been reviewed by the Public Works Department and the work is being inspected by that department.
(m) 
Temporary local borrow pits for road materials and topsoil for landscaping situated within a larger ownership being subdivided into smaller tracts, if the material is being used entirely within the tracts being subdivided, and if the excavation does not endanger properties under other ownerships or create a public nuisance or safety hazard as determined by the City Engineer. The land shall be graded to comply with this Chapter on cessation of excavation within the pit areas.
(n) 
Temporary stockpiles of topsoil materials required for landscaping lots being graded in the immediate area for building purposes if the stockpiles are not placed within a public right-of-way, do not obstruct drainage ways, are not subject to erosion which will cause silting problems in drainage ways, do not endanger other properties, and do not create a public nuisance or safety hazard, as determined by the City Engineer. The land shall be graded to comply with this Chapter after removal of stockpiles.
(o) 
Fire trails, and access roads to public utility gas and electric transmission lines.
(p) 
Clearing vegetation when all of the following conditions are met:
(1) 
The slope of the ground is ten percent (10%) or less.
(2) 
The area to be cleared is one (1) acre or less.
(3) 
No land disturbance within one hundred (100) feet of the centerline of the watercourse or within one hundred (100) feet of the waterline of a water body.
(Ord. 242 Div. 2 (part), 1986)
(a) 
An application for a grading permit shall be in writing and filed with the Public Works Department on forms provided for said purpose. The application shall be signed by the owner of the property where the work is to be performed or by his duly authorized agent, provided that an agent's authority must be shown in writing. The application shall contain the following information:
(1) 
Description of the site by lot, block and tract designation, and by a street address or similar description sufficient to readily identify it.
(2) 
The name and address of the owner of the site, the person who is to perform the work, and the soil and civil engineer if such work is to be performed as supervised grading.
(3) 
The estimated cost of performing the work.
(4) 
Such other information as may be required by the City Engineer.
(b) 
Each application shall be accompanied by four (4) sets of plans, specifications and calculations that meet the requirements set forth in Section 7-2.304.
(c) 
Each application shall include a promise signed by the owner, or his authorized agent, that a civil engineer, soil engineer and/or engineering geologist will be employed to give technical supervision or make inspections of the work, whenever approval of the plans and issuance of the permit is based upon the condition that such professional person be so employed.
(Ord. 242 Div. 2 (part), 1986)
Except as waived by the City Engineer for small and unimportant work, the plans shall be prepared and signed by a civil engineer and the plans and specifications shall contain the following:
(a) 
A vicinity sketch or other means of adequately indicating the site location.
(b) 
Boundary lines of the site.
(c) 
Each lot or parcel of land into which the site is proposed to be divided.
(d) 
The location of any existing buildings or structures on the property where the work is to be performed, and the location of any buildings or structures on adjacent land which may be affected by the proposed work.
(e) 
Accurate contours showing the topography of the existing ground.
(f) 
All of the proposed uses of the site, and if the site is to be divided, the proposed use of each lot or parcel of land.
(g) 
Elevations, location, extent and slope of all proposed grading shown by contours, cross-sections or other means and location of any rock disposal areas, buttress fills or other special features to be included in the work.
(h) 
Detailed plans of all drainage systems and facilities, walls, cribbing, or other erosion protection devices to be constructed in connection with, or as a part of the proposed work, together with a map showing the drainage area and estimated runoff of the area served by any drainage systems of facilities.
(i) 
A Final Erosion and Sediment Control Plan or an Interim Erosion and Sediment Control Plan, if approved by the City Engineer.
(j) 
The extent and manner of the cutting of trees and the clearing of vegetation, the disposal of same, and the measures to be taken for the protection of undisturbed trees and vegetation, unless this information is shown on an erosion and sediment control plan.
(k) 
The grading plan must be signed by a registered civil engineer and must be prepared under his direction.
(l) 
An estimate of the cost of accomplishing the work described and delineated on the grading plan and the permit must be submitted in a form which is acceptable to the City Engineer.
(m) 
A statement of the quantities of material to be excavated and/or filled and the amount of such material to be imported to, or exported from the site.
(n) 
A statement of the estimated starting and completion dates for work covered by the permit.
(o) 
Routes of travel to be used.
(p) 
Hours and days of work.
(q) 
Such other information as the City Engineer deems necessary to show conformance of the proposed grading with the requirements of this Chapter and other related ordinances.
(Ord. 242 Div. 2 (part), 1986)
(a) 
A Final Erosion and Sediment Control Plan, prepared by a registered civil engineer, shall be submitted unless all of the following conditions are met:
(1) 
The area of land disturbed is less than one-half (1/2) acre.
(2) 
Natural and finished slopes are less than ten percent (10%).
(3) 
Volume of the grading operation is less than two hundred (200) cubic yards.
(4) 
The storage of any soil is less than one hundred fifty (150) cubic yards.
(5) 
The grading operation is not within one hundred (100) feet of the centerline of any watercourse, within one hundred (100) feet of the waterline of any water body or the Bay (high tide).
(6) 
The proposed grading does not pose a threat to adjacent or downstream properties as determined by the City Engineer.
(7) 
The proposed grading does not obstruct drainage channels.
(8) 
The proposed grading is deemed to have no significant environmental impact as determined pursuant to the provisions of the California Environmental Quality Act, as amended, and the regulations promulgated by the California Resources Agency and the Hercules City Council to implement said Act.
(b) 
The Final Erosion and Sediment Control Plan must effectively minimize soil erosion and sedimentation from the completed project site and must also provide for the control of runoff from the site.
(c) 
The Final and Interim Erosion and Sediment Control Plans shall contain the following information:
(1) 
A description and delineation of the vegetative measures to be taken to minimize erosion and sedimentation.
(2) 
A description and delineation of the temporary and permanent measures to be taken to protect manufactured or disturbed slopes from erosion by mechanical means such as with mulches, diversion dikes, etc.
(3) 
The delineation of the drainage control measures to be taken which shall include surface runoff and sediment yield calculations.
(4) 
The extent and manner of the cutting of trees and the clearing of vegetation, the disposal of same, and the measures to be taken for the protection of undisturbed trees and vegetation.
(5) 
The methods to be used for the disposal of excess materials.
(6) 
The methods to be used for the control of dust.
(7) 
A description and delineation of the temporary and permanent measures to be taken to retain sediment on the site.
(8) 
A description of the measures to be taken to maintain the devices shown on the plan during grading operations and construction on the site.
(9) 
The extent of disturbed ground that will exist, what streets will be paved, and what drainage devices will be installed prior to the start of each rainy season.
(10) 
Any other information required by the City Engineer.
(11) 
Schedule for installation and maintenance of erosion and sediment control measures.
(d) 
The Final Erosion and Sedimentation Control Plan is to be prepared in accordance with the "Manual of Standards for Erosion and Sediment Control Measures" by ABAG and dated June 1981, for both temporary and permanent erosion control measures. This plan shall be prepared by a registered civil engineer. The Erosion and Sediment Control Plan shall include the names and telephone numbers of twenty-four (24) hour standby work crews that will always be available for repairs during October 15 to April 15.
(e) 
Minor work such as trenching or maintenance which meets the intent of the aforementioned "Manual of Standards for Erosion and Sediment Control Measures" may be excluded from the requirement of preparing the Erosion and Sediment Control Plan providing that the owner, contractor, or developer first obtains the written approval from the City Engineer.
(f) 
An Interim Erosion and Sediment Control Plan is required prior to each rainy season during construction for a staged project for which a Final Erosion and Sediment Control Plan is required by this Chapter. The City will determine by July 15 if an interim plan will be necessary and on what stage of project completion the plan shall be based.
(g) 
An estimate of the cost of accomplishing the work described and delineated on the Final and Interim Erosion and Sediment Control Plans and the permit must be submitted in a form which is acceptable to the City Engineer.
This plan when required is considered an integral part of the project grading plan, and fees for plan check and inspection shall be paid as set forth in Section 7-2.311.
(h) 
The applicant shall submit tentative start and completion grading dates with the grading permit application. Prior to issuance of grading permit, the grading contractor shall review the proposed start and completion dates and supply the City with a schedule including a breakdown of equipment and personnel that will be used to complete the job within the time frame submitted. The City Engineer shall evaluate the scope of work shown in the grading plans and the schedule, including equipment, to determine whether a Erosion and Sediment Control Plan shall be prepared as part of the submittal for a permit. Issuance of permits for grading to be performed during the following periods will require the following:
(1) 
April 15th to August 15th. If grading is initiated during this period and can be completed before October 15th, no Interim Erosion and Sediment Control Plan needs to be submitted with the application. On or before July 15, the City shall evaluate all projects for compliance with a completion date of October 15th. If the City Engineer determines that the project cannot be completed by October 15th, the applicant shall prepare an Erosion and Sediment Control Plan to be submitted by August 15th.
(2) 
August 15th to October 15th. The City Engineer shall determine if the grading can be completed during this period based on the grading plans and submission of schedule including equipment. If it is determined that the project cannot be completed, the applicant shall prepare as part of the grading plan application an Erosion and Sediment Control Plan. The grading plan shall be designed so the Erosion and Sediment Control Plan is implemented incrementally in order that all protection is in place by October 15th.
(3) 
October 15th to April 15th. During this period, all grading plans submitted for permits which cannot be exempted under subsection (a) of this Section shall submit an Erosion and Sediment Control Plan as part of their grading plan.
(i) 
Rainy Season Work.
(1) 
For commencement of land-disturbing or filling activity during the rainy season, applicant shall demonstrate that land disturbance is relatively minor and that erosion and sedimentation can be controlled.
(2) 
For continuation of land-disturbing or filling activities, other than installation, maintenance or repair of measures in the Interim or Final Plans, during the rainy season, permittee must apply for and receive, every five (5) working days, special permission to proceed.
(3) 
The Public Works Official shall grant permission under this Section on the basis of weather forecasts, experience and other pertinent factors which indicate the activity may commence or continue without excessive erosion occurring.
(4) 
Applicant/permittee's failure to obtain permission for rainy season activity shall result in the imposition of suspension/revocation, and action against the security or criminal penalties.
(5) 
Based on the scope of the project, its geographic setting and potential for damaging public or private property, it shall be at the sole discretion of the City Engineer to issue a grading permit during this period.
(Ord. 242 Div. 2 (part), 1986)
(a) 
Site Observation. Between April 15th and October 15th, an inspector shall visit the site daily. A log will be kept indicating the time of inspection, and relevant comments on progress and site conditions. From October 15th to April 15th during non-storm periods, an inspector shall visit the site once a day, logging in time of inspection, site conditions, and adequacy of the erosion-control facilities. During storm periods, an inspector shall visit the site twice per day and shall be accompanied by the contractor's superintendent and shall check as a minimum the following items:
(1) 
V-Ditches will be checked for proper operation (i.e., flow, silt build-up, deterioration of banks).
(2) 
Straw bales will be checked for silt build-up and bales removed or replaced as necessary.
(3) 
Sand bags will be checked for damage and silt plugged bags replaced as needed.
(4) 
Detention/retention basins will be checked and silt removed periodically as determined necessary.
(5) 
Overflow spillways will be checked for proper operation.
(6) 
Filter fabric will be checked; plugged and damaged fabric to be replaced as necessary.
(b) 
The time of inspection, notation, of personnel visiting the site, condition of the site and adequacy of the erosion control facilities shall be logged.
(c) 
If corrections need to be made to protect the site, the items of work and time schedule to perform the work by the contractor shall also be noted.
(Ord. 242 Div. 2 (part), 1986)
(a) 
The Erosion and Sediment Control Handbook shall be used as a guide for the design and suitability of erosion and sediment control measures.
(b) 
The faces of cut and fill slopes must be protected against damage by erosion and the methods utilized for each protection must offer effective erosion control prior to the beginning of, as well as during, the rainy season.
(c) 
Where graded slopes are steeper than three (3) feet horizontal to one (1) foot vertical or are higher than ten (10) feet, they shall be protected with a temporary soil stabilization measure such as jute matting or an equivalent mulch until planting is established.
(d) 
The surface of all cut slopes higher than five (5) feet and all fill slopes higher than three (3) feet must be permanently protected against damage by erosion by the planting and establishment of protective vegetation.
(e) 
Slopes higher than fifteen (15) feet shall be planted with one shrub per one hundred (100) square feet of slope and one (1) tree per four hundred (400) square feet of slope. Geometric spacing should be avoided; massing of trees is encouraged. Size and species of plant material shall be subject to review.
(f) 
The planting or seeding of vegetative protection must be effective. If the vegetation does not grow and offer proper protection, it must be replanted or reseeded.
(g) 
The maintenance of vegetative protection on graded slopes shall be the responsibility of the permittee and shall be guaranteed until the vegetation is well established as determined by the City Engineer or until the maintenance is officially assumed by another party approved by the City Engineer.
(h) 
Sediment control facilities must be constructed and in working order prior to the beginning of the rainy season and must prevent sediment from being transported from the site.
(i) 
The outlet from any sedimentation basin must be designed to handle 1.5 times the maximum design inflow.
(j) 
A standby emergency crew must be provided by the permittee and must be available at all times during the rainy season to repair and maintain the erosion and sediment control devices.
(k) 
Erosion control materials must be stockpiled on the site for emergency repairs during the rainy season.
(l) 
Minor protective devices that have been removed during the working day shall be replaced at the end of the working day if the chance of rain is greater than forty percent (40%).
(m) 
After each rainfall, the permittee shall inspect all erosion and sediment control devices and shall clean them and repair any damage.
(n) 
Erosion control devices must be installed where drainage facilities discharge into natural channels. The devices may be rip-rap or concrete channel protection, stilling basins, check dams, drop structures or other devices which will effectively minimize erosion in the opinion of the City Engineer.
(Ord. 242 Div. 2 (part), 1986)
The City Engineer may require an engineering geologist's investigation and report based on the most recent plan. The engineering geological report shall include an adequate description of the geology of the site and conclusions and recommendations regarding the effect of geologic conditions on the proposed development.
(Ord. 242 Div. 2 (part), 1986)
The City Engineer may require a soil investigation and report based on the most recent plan. Such report shall be prepared by a soil engineer based upon adequate test borings or excavations. The report shall indicate the presence of critically expansive soils or other soils problems, which if not corrected would lead to defects in structures, buildings or other improvements; and when it so indicates, it shall further report on an investigation of each lot of the development including recommended corrective action which is likely to prevent such defects or damage to each building, structure or improvement to be constructed. It shall contain
(1) 
reports on the suitability of the earth material for construction of stable embankments and excavation slopes, including those necessary for any artificial or natural drainage channels;
(2) 
recommendations for construction procedures to obtain required stability;
(3) 
maximum design velocities for any natural or artificial drainage channel; and (4) any other recommendations concerning slides, unstable soil condition, springs and seepage conditions, or drainage facilities to enable proper development of the site.
(Ord. 242 Div. 2 (part), 1986)
All reports shall be subject to review by the City Engineer. Supplemental reports and data may be required as he may deem necessary. Recommendations included in the reports and approved by the City Engineer shall be incorporated in the development plan or specifications.
(Ord. 242 Div. 2 (part), 1986)
There shall be paid to the City Engineer fees as established by resolution of the City Council.
(Ord. 242 Div. 2 (part), 1986)
(a) 
Filing fees, permit transfer fees, penalty fees and site investigation fees shall not be refunded.
(b) 
In cases of a reduction of planned work the approval of an amended permit therefor by the City Engineer and satisfactory completion of the work covered by the permit, the permittee may apply to the City Engineer within thirty (30) days after issuance of the certificate of completion for a refund of a portion of the permit fee based on the revised cost of the work in the amended permit.
(Ord. 242 Div. 2 (part), 1986)
(a) 
Bond Required. If the City Engineer determines that the nature of the proposed work is such that, if left incomplete, it will interfere with any natural or artificial drainage, or will endanger persons or public or private property, or will constitute a nuisance or if he determines that the proposed work involves the removal or deposition of more than two hundred (200) cubic yards of material, the applicant of grading permit shall post with the City Engineer a bond executed by the applicant and secured, at the option of applicant, by (1) a corporate surety bond executed by a surety company authorized to do business in this State, or (2) by deposit with the City of Hercules of cash money or its equivalent, or (3) by deposit with the City of Hercules of an instrument of credit from a financial institution subject to regulation by the State of California or the Federal government pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment upon demand and agreeing that the funds designated by the instrument shall be trust funds for the purposes set forth in the instrument. The form of the bond and the security shall be subject to approval by the City Engineer and the City Attorney.
(b) 
Amount of Bond. The amount of the bond shall be based upon the number of cubic yards of material in either excavation or fill, whichever is greater, plus the cost of all drainage or other protective devices or work necessary to eliminate geological hazards or to protect persons or public or private property. That portion of the bond valuation based on the volume of material in either excavation or fill shall be computed as set forth in the following table:
10,000 cubic yards or less
100 percent of the estimated cost of grading work
Over 10,000 cubic yards
100 percent of the cost of the first 10,000 cubic yards, plus 50 percent of the cost of that portion in excess of 10,000 cubic yards
When the rough grading has been completed in conformance with the requirements of this Chapter, the City Engineer may at his discretion consent to a proportionate reduction of the bond to an amount estimated to be adequate to insure completion of the grading work, site development, or planting remaining to be performed. The costs referred to in this Section shall be as estimated by the City Engineer.
(c) 
Conditions of Bond. Among other appropriate provisions, every bond shall include the following conditions to which the principal and surety shall each be bound:
(1) 
To comply with all of the provisions of this Chapter and all other applicable laws, ordinances, rules, and regulations.
(2) 
To comply with all of the terms and conditions of the permit for excavation or fill to the satisfaction of the City Engineer.
(3) 
To complete the work contemplated under the permit within the time limit specified in the permit. (The City Engineer may, for sufficient cause, extend the time specified in the permit, but no such extension shall release the surety upon the bond.)
(4) 
To pay all reasonable costs incurred or expended by the City of Hercules, including but not limited to court costs and attorney's fees, in doing or causing to be done any of the work set forth in the permit, any other work which in the judgment of the City Engineer is required to be done as a result of any work or activity done under the permit, or any abatement of any nuisance created by any work or activity done under the permit, or in collecting money or damages in connection with any of the foregoing.
(d) 
Term of Bond. The term of the bond shall begin on the date of its posting and shall end on the satisfactory completion of the terms and conditions of the permit. Completion shall be evidenced by a certificate of completion to be issued by the City Engineer and filed with the records of the permit. A copy of the certificate shall be furnished to any interested party upon request.
(e) 
Notice of Default. Whenever the City Engineer finds that a default has occurred in the performance of any term or condition of any permit, he shall give written notice thereof separately to the permit holder and to his surety. Said notice shall state the work or other things necessary to be done in order to cure said default, its estimated cost, if known, and the period of time deemed reasonably necessary by the City Engineer to complete said work, and to do such other things which are necessary to be done in order to cure said default. Said notice shall be served personally or by deposit in the United States mail in a sealed envelope, with postage fully prepaid, addressed to the permit holder and to his surety at the mailing address, or, if there is no mailing address, the business address, shown in the application or in the bond, as the case may be.
(f) 
Duty of Surety. Upon service of the notice of default, the surety shall be obligated to have the work and other things done within the time specified in the notice.
(g) 
Disposition of Cash Security. If cash money or its equivalent or an instrument of credit has been deposited to secure the bond, and if notice of default has been served upon the permit holder and he has failed to do the work and other things required to be done by the notice within the time specified in the notice, the City Engineer may use such deposit in order to have such work and other things done, by contract or other means in the discretion of the City Engineer. The balance, if any, shall be returned to the depositor after completion of the work and other things.
(h) 
Right of Entry. In the event of any default in the performance of any term or condition of the permit, the surety, if any, or any person employed or engaged on its behalf, or the City Engineer or any person employed or engaged on his behalf, shall have the right to go upon the premises to complete the work and do other things required by the permit. It shall be unlawful for any person in any way to hinder, obstruct, or prevent such entry.
(i) 
Erosion and Sediment Control Surety. If a grading permit requires the preparation of an Erosion and Sediment Control Plan, the applicant shall secure the performance of the work described and delineated in the plan as follows:
(1) 
The City Engineer shall review the Erosion and Sediment Control Plan and estimate to determine the bond amount to cover the Erosion and Sediment Control Plan. If the approved engineer's estimate of cost of the Erosion and Sediment Control Plan is less than Five Thousand Dollars ($5,000), a cash bond in that amount is to be provided to the City. If the approved engineer's estimate of cost of construction of the Erosion and Sediment Control Plan is more than Five Thousand Dollars ($5,000), then a cash bond of at least Five Thousand Dollars ($5,000) shall be posted with the City to cover the work outlined in the Erosion and Sediment Control Plan. After reviewing the grading plans and the Erosion and Sediment Control Plan, the City Engineer shall determine the final amount of the cash bond.
(2) 
When a cash bond amount has been determined, the differences between the cash bond and the total bond shall be provided by the City in the form of bonds or other surety acceptable to the City Attorney. As part of the Erosion and Sediment Control Plan, the applicant shall submit a time schedule outlining specific dates when each element of the plan is proposed to be completed. After the schedule has been agreed to by both the City and the applicant, this schedule shall be the triggering mechanism for the City performing the work in lieu of the applicant's contractor. If the contractor has not or cannot install the Erosion and Sediment Control Plan items by scheduled dates, the City, at its option, can install the items necessary to protect the project site and other property. Such items of work shall be paid for from the applicant's cash deposit. In addition, any items of Erosion and Sediment Control Plan work that have been installed and are not being adequately maintained to protect the site as determined by the City Engineer shall be remedied, and any associated cost shall be paid for from the applicant's cash bond. During storm periods, if the applicant's contractor cannot be contacted or cannot perform required work needed to protect the site as determined by City Staff, the City shall cause the work to be performed and any associated costs shall be paid from the applicant's cash bond.
(3) 
In accepting the grading permit, the applicant acknowledges the right of the City or its representative to come on to the applicant's property to perform any or all needed work, as previously outlined in this Section.
(4) 
Notice of Default. Whenever the City Engineer finds that a default has occurred in the performance of any term or condition of any permit, he shall give written notice thereof separately to the permit holder and to his surety. Said notice shall state the work or other things necessary to be done in order to cure said default, its estimated cost, if known, and the period of time deemed reasonably necessary by the City Engineer to complete said work, and to do such other things which are necessary to be done in order to cure said default. Said notice shall be served personally or by deposit in the United States mail in a sealed envelope, with postage fully prepaid, addressed to the permit holder and to his surety at the mailing address, or, if there is no mailing address, the business address, shown in the application or in the bond, as the case may be.
(5) 
If any part of the cash bond needs to be expended by the City to undertake work items outlined in Subsection (2), the associated grading permit is automatically terminated. The applicant shall submit a new grading permit application, a new grading plan with an Erosion and Sediment Control Plan acceptable to the City Engineer and provide the appropriate bonds and fees required by the City. There is no guarantee that a new permit will be issued.
(6) 
When all grading as shown in the approved grading plans has been completed, and all items of work in the Erosion and Sediment Control Plan have been installed to the satisfaction of the City, the applicant may request exoneration of grading and Erosion and Sediment Control Plan bonds. The City shall review all requests for exoneration of grading bonds, but Erosion and Sediment Control Plan bonds shall not be considered for exoneration until the site has weathered a storm season from October 15th to April 15th with Erosion and Sediment Control Plan elements in place. The City Engineer can, if requested, make a determination on minor grading projects, if the Erosion and Sediment Control Plan bonds need to be held through a storm season.
(Ord. 242 Div. 2 (part), 1986)
(a) 
Issuance. Upon receiving an application for a grading permit, together with all of the things required by Sections 7-2.303 through 7-2.307, inclusive, the deposit of fees as required by Section 7-2.311, and the posting of a bond as required by Section 7-2.313, the City Engineer shall examine the application and things accompanying same, and, if satisfied that the application meets all requirements of this Chapter and of other applicable laws, ordinances, rules, and regulations, he shall issue the permit. The review of the application for a permit shall take into consideration, but shall not be limited to the following criteria:
(1) 
The grading is not excessive beyond that necessary for the permitted use of the site.
(2) 
The slopes can be effectively protected against erosion and slippage.
(3) 
The finished contours are relatively natural and do not distort the natural contours.
(4) 
Hillside sites are suitable for development in the manner proposed.
(5) 
The removal of natural vegetation is not excessive and that it is done in a manner which will minimize erosion. The permit shall be issued only to the owner or his agent. The permit shall be deposited securely in a conspicuous location of the site.
(b) 
Grounds for Denial.
(1) 
Hazardous Grading. The City Engineer shall not issue a permit in any case where he finds that the work as proposed by the applicant is liable to endanger any private property through grading or the removal of vegetation, or result in the deposition of debris on any public way or interfere with any existing drainage course or alter water quality. If it can be shown to the satisfaction of the City Engineer that the hazard can be essentially eliminated by the construction of retaining structures, buttress fills, or drainage devices, or by other means, the City Engineer may issue the permit with the condition that such work be performed.
(2) 
Geological or Flood Hazard. If, in the opinion of the City Engineer, the land area for which grading is proposed is subject to geological or flood hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to human life or property, the grading permit shall be denied.
(3) 
Land Use. The City Engineer shall not issue a grading permit for work that will not comply with all provisions of Chapters 1 and 2 of Title 10 of this Code and any conditions imposed by the City Council on approval of the use.
(4) 
Existing Building Code or Zoning Ordinance Violations. The City Engineer shall not issue a grading permit if any building code or zoning ordinance violations exist on the site.
(Ord. 242 Div. 2 (part), 1986)
(a) 
General. The issuance of a permit under this Chapter shall constitute an authorization to do only that work which is described or illustrated on the application for the permit or on the site plans and specifications approved by the City Engineer.
(b) 
Compliance with Plans and Requirements. All permits issued hereunder shall be presumed to include the provision that the applicant and his agents, contractors and employees shall carry out the proposed work in accordance with the approved plans and specifications and in compliance with all the requirements of this Chapter.
(c) 
Time Limits. The permittee shall fully perform and complete all of the work required to be done pursuant to the grading permit within the time limit specified. If no limit is specified, the permittee shall complete the work within one hundred eighty (180) days after the date of the issuance of the grading permit. If the permittee is unable to complete the work within the specified time, he shall, prior to the expiration of the permit, present in writing to the City Engineer a request for an extension of time, setting forth the reasons for the requested extension. If, in the opinion of the City Engineer, such an extension is warranted, he may grant additional time for the completion of the work. Denial of an extension of time shall not preclude the right of the permittee to apply for a new permit for the remaining balance of the work. Written consent of the surety to any extension of time must be furnished before the approval of the extension becomes effective, unless the security consists of a cash deposit.
(d) 
Liability and Hold Harmless. Neither the issuance of a permit under the provisions of this Chapter, nor the compliance with the provisions thereof or with any conditions imposed in the permit issued hereunder, shall relieve any person from responsibility for damage to other persons or property nor impose any liability upon the City for damage to other persons or property. The permittee shall execute a hold harmless clause on the permit which shall read as follows:
The permittee, for himself, his contractors, and employees, agrees to save, indemnify, defend, and hold harmless the City of Hercules and its officers, employees, and agents from all liabilities and claims for damages by reason of injury or death to any person or persons or damage to property from any cause whatsoever while in, upon, or in any way connected with the work covered by this grading permit.
(e) 
Jurisdiction of Other Agencies. Permits issued under the requirements of this Chapter shall not relieve the owner of any requirement or responsibility for fully conforming to any other requirement for the work to be done, including but not limited to securing permits and licenses established by any law, ordinance, rule, or regulation of the City of Hercules, or officer or employee thereof, or of any other public agency having jurisdiction over such work.
(Ord. 242 Div. 2 (part), 1986)
In granting any permit under this Chapter, the City Engineer and/or the Planning Director shall impose such conditions thereon as are reasonably necessary to prevent the proposed operations from being conducted in such a manner as to constitute or create a nuisance or a hazard to life or property. Such conditions may include, but shall not be limited to:
(a) 
Improvement of any existing grading to bring it up to the standards of this Chapter.
(b) 
Requirements for fencing of excavations or fills which otherwise would be hazardous.
(c) 
Screen planting, landscaping or other treatment to maintain good appearance of graded area and reduce the detrimental impact on adjacent properties or the community.
(d) 
Completion of the work within a period approved by the City Engineer.
(e) 
Cleaning up the area and planting in accordance with approved plan.
(f) 
Designation of the area in which work may be done.
(g) 
Designation of the slope or the grade and elevation of excavation for fill.
(h) 
Reasonable provisions for controlling excessive dust.
(i) 
Normal hours of operation established by the City or as modified in the permit.
(j) 
Safety precautions to guide pedestrian and vehicular traffic in, around, and by the operation.
(k) 
Posting of good and sufficient bond to assure compliance with the conditions.
(l) 
The route and time of travel over public streets so as to cause the least interference with general traffic and to cause the least damage to public streets.
(m) 
The removal of rock, earth, or other material that may be deposited on public streets by reason of said grading operations.
(n) 
The payment to the City of the cost of repairing damage to public streets caused by trucking operations in connection with said grading operations.
(o) 
The installation of suitable fencing, barricades, and lighting surrounding the grading operations.
(p) 
Other conditions deemed necessary by the City Engineer and based on accepted engineering practices.
(q) 
The work must be in conformance with the approved Interim and Final Erosion and Sediment Control Plan.
(r) 
The details of the work to be done shall be as delineated on the approved plans and as noted on the permit.
(s) 
A survey by a licensed land surveyor or registered civil engineer delineating the boundary lines of the site must be submitted.
(t) 
An inspector working under the supervision of a registered civil engineer must be on the site during grading operations.
(u) 
The disposal site for any material removed from the grading site must be approved by the City Engineer.
(v) 
The extent of unprotected slopes allowed at any one time and the time said slopes are allowed to remain unprotected shall be as required by this Chapter unless noted otherwise on the permit.
(Ord. 242 Div. 2 (part), 1986)
When an application is approved and a permit issued, one set of plans and accompanying documents shall be clearly marked as reviewed and shall be returned to the applicant. This set shall be kept available for reference at the job site during grading and construction. The applicant may furnish additional sets of plans and documents for notation as reviewed for return to the applicant for his use.
(Ord. 242 Div. 2 (part), 1986)
(a) 
All changes in the plans, grades, or extent of work shall be submitted to the City Engineer for written approval and incorporated into the permit, accompanied by any necessary fees, before any change in the approved work is begun. The City Engineer may amend the permit to approve altered plans, or may deny approval of the changes.
(b) 
Failure to obtain prior approval for any change in the work shall be cause for the City Engineer to order suspension of all work until approval is obtained, and may result in revocation of the permit if he deems the changes will increase the hazard to adjoining properties or public roads, or otherwise be detrimental to public welfare.
(Ord. 242 Div. 2 (part), 1986)
(a) 
Any transfer of a permit from the permittee to another person shall be ineffective and void unless approved by the City Engineer.
(b) 
The transferee shall agree to comply with the requirements and conditions of the original permit and to any modification thereof that may be required because of changes in the condition of the site or change in plans since the permit was issued. The transferee shall furnish the required sureties before the transfer of the permit will be approved.
(Ord. 242 Div. 2 (part), 1986)
(a) 
Grounds. A permit may be either suspended or revoked if the City Engineer finds that:
(1) 
Conditions at the site vary appreciably from those shown and stated in the application and development plans;
(2) 
Grading or construction does not conform to the approved plans, grades, Interim or Final Erosion and Sediment Control Plan, or other conditions of the permit;
(3) 
Cessation of work before completion has left the site in a condition hazardous to the public or to the adjacent properties, and the permittee has not complied with reasonable requirements for completion of the work within the time specified in the permit or an approved extension of time;
(4) 
The permittee does not comply with reasonable requirements to safeguard the workmen, the public, or other persons acting in a lawful manner, during grading or construction operations;
(5) 
In transporting materials or in the operation of equipment the applicant causes materials or litter to encroach, obstruct, or be deposited on pavement or in drainage channels within the public right-of-way, or causes unauthorized obstruction or diversion of drainage channels within the site area;
(6) 
Failure to have a qualified inspector working under the soil engineer on the site during grading or construction, when required, or failure to have the work under proper supervision at all times; or
(7) 
Emergency conditions exist on the site which constitute a threat to health, safety, or public welfare.
(b) 
Procedure. Upon his determination that one or more of the grounds specified above for revocation or suspension of a grading permit exist, the City Engineer may fix a time and place for a hearing on revocation or suspension and shall give written notice thereof separately to the permit holder and to his surety, if any, stating in general terms the grounds for revocation or suspension. Said notice shall be given at least five (5) days before the hearing, and it shall be served personally or by deposit in the United States mail in a sealed envelope, with postage fully prepaid, addressed to the permit holder and to his surety at the mailing address, or, if there is no mailing address, the business address, as shown in the application or in the bond, as the case may be.
Within thirty (30) days of the conclusion of the hearing the City Engineer shall make his findings and decision and file same in his office and shall serve a copy thereof separately upon the permit holder and his surety, if any, in the manner provided above for service of notice of hearing.
(Ord. 242 Div. 2 (part), 1986)
(a) 
Upon notification from the City Engineer of the suspension of the permit, the permittee shall cease all work in connection with the permit with the exception of the work necessary to correct the objectionable or emergency conditions which caused the suspension of the permit. The permittee shall then proceed at once to correct said objectionable or emergency conditions.
(b) 
If the permittee fails to correct said objectionable or emergency conditions, the City may cause the work necessary to correct said conditions to be done, and the City may take action against the permittee's security to cover the cost of performing the work.
(c) 
Any permit which has been suspended may be either reinstated or revoked by the City Engineer.
(d) 
Whenever a permit has been revoked, work shall not commence until a new application has been filed and approved incorporating the necessary revisions required to fulfill the intent of this Chapter, and a new permit has been issued.
(Ord. 242 Div. 2 (part), 1986)