Chapter 8.54
GRADING, EROSION AND SEDIMENT CONTROL
Sections:
8.54.010 Title, purpose and general provisions.
8.54.020 Permit application procedures.
8.54.030 Review standard and procedures.
8.54.040 Implementation and enforcement.
8.54.050 Drainage criteria.
8.54.010 Title, purpose and general provisions.
A. Chapter. This chapter shall be known as the town of Atherton Grading, Erosion and Sediment Control Ordinance, and may be so cited.
B. Purpose. The purpose of this section is to provide minimum standards to safeguard life and limb, to protect property and property values, preserve natural beauty, promote public welfare, protect and enhance water quality of watercourses, water bodies and wetlands, and control erosion, sedimentation, and increases in surface runoff and related environmental damage caused by construction-related activities, by regulating and controlling the design, construction, quality of materials, use, location and maintenance of grading, excavating and fill, land disturbances, land fill and soil storage in connection with the clearing and grading of land for construction within the town of Atherton.
C. Definitions. When used in this chapter, the following words shall have the meanings ascribed to them in this subsection:
1. “Administrator” means the public works director/city engineer and duly authorized agents and employees of the town departments of public works or building and zoning.
2. “Applicant” means any person, corporation, partnership, association of any type, public agency or any other legal entity who submits an application to the administrator for a permit pursuant to this chapter.
3. “Best management practice (BMP)” means a technique or series of techniques which, when utilized in a designated manner, is proven to be effective in controlling construction-related runoff, erosion and sedimentation (see subsection (C)(10) of this section).
4. “Chapter” means Ordinance 494 in its entirety.
5. “Erosion” means the action or process of wearing away of earth or soil by the action of water.
6. “Final erosion and sediment control plan” means a set of measures designed to control surface runoff and erosion and to retain sediment on a particular site after all other planned final structures and permanent improvements have been erected or installed. The plan shall include a description of and specifications for sediment retention devices, surface runoff and erosion control devices, vegetative soil stabilization measures, and a graphic representation of the location of all devices and/or measures.
7. “Interim erosion and sediment control plan” means a set of measures designed to control surface runoff and erosion and to retain sediment on a particular site during the period in which preconstruction and construction-related land disturbances, fills and soil storage occur. The plan shall include a delineation and brief description of the measures to be undertaken to retain sediment on the site, the surface runoff and erosion control measures to be implemented, the vegetative soil stabilization measures to be taken (including but not limited to seeding methods), and a graphic representation of the location of all devices and/or measures.
8. “Land disturbance” and “land disturbing activities” mean any human activity moving or removing the soil mantle or top six inches of soil, whichever is shallower.
9. “Land fill” means any human activity depositing soil or other earth materials.
10. “Manual of standards (Manual)” means a compilation of technical application standards and design specifications adopted by the administrator as being proven methods of controlling construction-related surface runoff, erosion and sedimentation (see subsection (C)(3) of this section).
11. “Permittee” means the applicant in whose name a valid permit is duly issued pursuant to this chapter and his/her/its agents, employees and others acting under his/her/its direction.
12. “Sediment” means material deposited by water.
13. “Site” means a parcel or parcels of real property which is being or is capable of being developed as a single project.
14. “Wet season” means the period from October 15th to April 15th.
15. “Watercourse” means a natural stream, creek or manmade uncovered channel through which water flows continuously or intermittently. (Ord. 494 (part), 1996)
8.54.020 Permit application procedures.
A. Scope. No person may grade, fill, excavate, store or dispose of soil and earthen materials or perform any other land-disturbing or land-filling activity without first obtaining a permit as set forth in this chapter. All land-disturbing or land-filling activities or soil storage shall be undertaken in a manner designed to minimize surface runoff, erosion and sedimentation.
B. Exemptions.
1. General Exemptions. A person performing such activities need not apply for a permit pursuant to this chapter, if all the following criteria are met:
a. The land area disturbed or filled is one-fourth acre or less;
b. Natural and finished slopes are less than ten percent. However, finished slopes created primarily by the grading of small, localized landscaping mounds that are greater than ten percent shall also be deemed to be exempt;
c. Volume of soil or earth materials stored is fifty cubic yards or less;
d. Rainwater runoff is diverted, either during or after construction, by the activities from an area smaller than five thousand square feet;
e. An impervious surface, if any, of less than five thousand square feet is created;
f. No drainage way is blocked or has its stormwater carrying capacities or characteristics modified;
g. No land-disturbing or filling activities occur within one hundred feet of a watercourse.
2. Special Exemptions. Subsection (B)(1)(a) of this section notwithstanding, a person performing the following activities need not apply for a permit pursuant to this chapter:
a. Routine agricultural crop management practices;
b. Work to correct or remedy emergencies posing an immediate danger to life or property, or substantial flood or fire hazards.
C. Application. An applicant for a grading permit shall first file an application therefor in writing on a town application form with the administrator. Applications must include all of the following items:
1. Site map and grading plan;
2. Interim and, where required, final erosion and sediment control plan;
3. Work schedule;
4. Application fees;
5. Any supplementary material or performance security, if required by the administrator.
D. Work Schedule. The applicant must submit a master work schedule showing the following information:
1. Proposed grading schedule;
2. Proposed conditions of the site on each July 15th, August 15th, October 1st and October 15th during which the permit is in effect;
3. Proposed schedule for installation of all interim erosion and sediment control measures including, but not limited to, the stage of completion of erosion and sediment control devices and vegetative measures on each of the dates set forth in subsection (D)(2) of this section;
4. Schedule for construction, if any;
5. Schedule for installation of permanent erosion and sediment control devices where required.
E. Security. The applicant may be required to provide security for the performance of the work described and delineated on the approved grading plan in an amount set by the administrator. The amount will not exceed the estimated cost of the grading and the costs to mitigate any impacts attributable to the grading operation.
F. Fees. Permit and inspection fees are to be paid pursuant to a schedule of fees adopted, and amended from time to time by the city council.
G. Permit Duration. Permits issued under this chapter shall be valid for the period during which the proposed land-disturbing or filling activities and soil storage takes place or is scheduled to take place, whichever is shorter. Permittee shall commence permitted activities within sixty days of the scheduled commencement date for grading or the permittee shall resubmit all required application forms, maps, plans, schedules and security to the administrator.
H. Permit Denial. Any person aggrieved by a determination of the administrator may appeal that administrative decision to the city council pursuant to the provisions of Chapter 17.06 of this code. (Ord. 494 (part), 1996)
8.54.030 Review standard and procedures.
A. Review Policy. The administrator shall issue a permit, provided the submitted plans protect the quality of receiving waters, and minimize surface runoff, erosion and off-site sedimentation.
B. Work Schedule. The administrator shall review the work schedule for overall coherence. Any modifications to the site map and grading plan, and interim and final erosion and sediment control plans shall be noted on the work schedule and the schedule modified, as necessary. (Ord. 494 (part), 1996)
8.54.040 Implementation and enforcement.
A. Permits. The administrator shall issue a grading permit upon approval of a site map and grading plan, interim plan, final plan (where required), soil report (where required), deposit of appropriate security (where required), and payment of fees. The administrator may impose such reasonable conditions or restrictions including, but not limited to, time limits, review of performance and performance standards, as deemed necessary to secure the purpose of this title, and may require guarantees and evidence that such conditions are being, or will be, complied with. Permits shall be issued subject to the following conditions:
1. The permittee shall maintain a copy of the permit, approved plans and any required reports on the work site and available for public inspection during all working hours;
2. The permittee shall, at all times, be in conformity with the approved site map and grading plan, and the interim and final erosion and sediment control plans.
B. Suspension or Revocation of Permit. The administrator shall suspend the permit and issue a stop-work order, and permittee shall cease all work on the work site, except work necessary to remedy the cause of the suspension, upon notification of such suspension when the administrator determines that the permittee has substantially deviated from the terms and conditions of the permit.
C. Violations. Unless otherwise specified by this code, the failure to comply with any provision or any of the mandatory requirements of this chapter shall constitute a misdemeanor, and shall be punishable as such pursuant to Chapter 1.20 of this code. It shall be considered a separate violation for each and every day during any portion of which:
1. Permittee continues working in violation of a stop-work order issued pursuant to subsection (B) of this section;
2. Permittee is not in compliance with the interim or final erosion and sediment control plans at the onset of the wet season; or
3. There is any other deviation of the terms and conditions of the permit.
D. Nuisance Abatement. Neither this chapter, nor any administrative ruling made under it, limits:
1. The power of the town to declare, prohibit and abate a violation of this chapter as a public nuisance pursuant to Chapter 8.20 of this code; or
2. The right of any person to maintain, at any time, any appropriate action for relief against any private nuisance, or for relief against any contamination or pollution.
E. Cumulative Enforcement Procedures. The procedures for enforcement of a permit, as set forth in this section, are cumulative and not exclusive. (Ord. 494 (part), 1996)
8.54.050 Drainage criteria.
Drainage criteria are hereby adopted. A copy of the criteria is attached to the report of the director of public works for the city council meeting of September 19, 2007, and incorporated herein by this reference as if fully set forth. Revisions and/or amendments to the criteria may be adopted by resolution. (Ord. 573 § 1, 2007)