Chapter 15.28
GRADING AND EROSION CONTROL1
Sections:
15.28.010 Purpose.
15.28.020 Scope.
15.28.030 Permits required.
15.28.040 Hazards.
15.28.050 Definitions.
15.28.060 Application – Fees.
15.28.070 Application – Contents.
15.28.080 Issuance of permit.
15.28.090 Bonds – Posting required.
15.28.100 Bonds – Term.
15.28.110 Bonds – Failure to complete work.
15.28.120 Permit – Duration/expiration.
15.28.130 Excavating, grading and filling – Regulations.
15.28.140 Erosion control.
15.28.150 Grading inspection.
15.28.160 Completion of work.
15.28.170 Appeal procedures.
15.28.180 Violations – Penalties.
15.28.010 Purpose.
The purpose of this section is to safeguard life, limb, property and the public welfare by regulating grading on public and private property. (Ord. 96-1).
15.28.020 Scope.
This section sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments; establishes requirements for storm water management during construction for the prevention and control of erosion and sedimentation; establishes the administrative procedure for issuance of permits; and provides for approval of plans and inspection of grading construction. (Ord. 96-1).
15.28.030 Permits required.
No person shall do any grading without first having obtained a grading permit from the city engineer except for the following:
A. An excavation below finished grade for basements and footing of a building, retaining wall, swimming pool or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five feet after the completion of such structure.
B. Cemetery graves.
C. Refuse disposal sites controlled by other regulations.
D. Excavations for wells or underground storage tanks no greater than 10,000 gallons in size when work is being done under the authority of a valid county well permit and/or city building permit.
E. Excavation for utilities when performed by a public utility.
F. Stockpiling of dirt, rock, sand, gravel, aggregate or clay of 50 cubic yards or less for a period of 10 days or less.
G. Exploratory excavations of 50 cubic yards or less under the direction of soil engineers or engineering geologists.
H. An excavation of 200 cubic yards or less which:
1. Is less than two feet in depth, at any one given point; or
2. Does not create a cut slope greater than four feet in height and steeper than two horizontal to one vertical.
I. A fill of 200 cubic yards or less which is:
1. Less than two feet in depth and placed on a slope flatter than five horizontal to one vertical, not intended to support structures, on a single lot or parcel, and does not obstruct a drainage course.
J. Work conducted in any city street, public right-of-way, or easement when the work is being done under the authority of a valid encroachment permit issued by the city engineer.
Grading permit exceptions outlined above apply to grading for a single activity. Subsequent grading activity that occurs within 10 years after initial grading activity resulting in cumulative work exceeding the limitations outlined above shall require a grading permit.
Grading shall also comply with the requirements of Chapter 15.64 BMC, Storm Water Management and Discharge Control. Grading that disturbs one acre or more, regardless of quantity, shall be subject to the state of California general construction permit requirements. (Ord. 06-13 § 1; Ord. 96-1).
15.28.040 Hazards.
Whenever the city engineer determines that any existing excavation, embankment or fill on private property has become a hazard to life or limb, endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the city engineer shall within the period specified therein repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this chapter. (Ord. 96-1).
15.28.050 Definitions.
For the purpose of this chapter, the definitions listed hereunder shall be construed as specified as follows:
“As-graded” is the actual surface conditions present on completion of grading.
“Bedrock” is in-place, solid rock.
“Bench” is a relatively level step excavated into earth material on which fill is to be placed.
“Best management practices (BMPs)” are schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the city or state. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, waste disposal, or drainage from raw material storage. BMPs are for construction and post-construction storm water controls.
“Borrow” is earth material acquired from an off-site location for use in grading on a site.
“California Building Code (CBC)” refers to the latest edition as adopted by reference by the city of Benicia.
“Certification” shall mean a written engineering or geological opinion concerning the progress and completion of the work.
“City engineer” shall mean the city engineer of the city of Benicia or his authorized representative.
“Civil engineer” is a professional engineer registered in and by the state of California to practice in the field of civil engineering.
“Civil engineering” shall mean the application of the knowledge of forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works for the beneficial uses of mankind.
“Compaction” is the densification of a fill by mechanical means.
“Contour rounding” means the rounding of cut and fill slopes in the horizontal plane to blend with existing contours or to provide horizontal variation to eliminate the artificial appearance of slopes.
“Cut” is the mechanical removal of earth material from a slope.
“Earth material” is any rock, natural soil or fill and/or any combination thereof.
“Engineering geologist” shall mean a professional engineering geologist registered in and by the state of California to practice in the field of engineering geology.
“Engineering geology” shall mean the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.
“Erosion” is the wearing away of the ground surface as a result of the movement of wind, water and/or ice.
“Excavation” is the mechanical removal of earth material.
“Fill” is a deposit of earth material placed by artificial means.
“Grade” shall mean the vertical location of the ground surface.
1. “Existing grade” is the grade prior to grading.
2. “Rough grade” is the stage at which the grade approximately conforms to the approved plan.
3. “Finish grade” is the final grade of the site which conforms to the approved plan.
“Grading” is any excavating or filling or combination thereof.
“Key” is a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope.
“Notice of intent (NOI)” is a form required by the State Water Resources Control Board which consists of a notice of intent to comply with the terms of the General Permit to Discharge Storm Water Associated with Construction Activity (WQ Order No. 2003-2007-DWQ).
“Non-storm water discharge” is any discharge to a storm sewer system that is not composed entirely of storm water except discharges resulting from fire fighting activities.
“Sensitive area” is the area less than 200 feet away from a water quality resource including a wetland, stream, pond, lake, river, or bay wherein placement of impervious surfaces shall be avoided.
“Site” is any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.
“Slope” is an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance.
“Slope control specialist” is a professional landscape architect or other professional person experienced in erosion control work, retained by the permit applicant and responsible for analysis, plans, specifications, supervision, and certifications regarding slope control planting and related slope or erosion control work, other than grading, for a specified project.
“Soil” is naturally occurring surficial deposits overlying bedrock.
“Soil (geotechnical) engineer” shall mean a professional soil or geotechnical engineer registered in and by the state of California to practice in the field of soil engineering.
“Soil (geotechnical) engineering” shall mean the application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof.
“Storm water” means storm water runoff and surface runoff and drainage. It excludes infiltration and runoff from agricultural land.
“Storm water control plan (SCP)” is a plan to identify sources of sediment and other pollutants that affect the quality of storm water discharges and describes and ensures the implementation of practices to reduce sediment and other pollutants in storm water discharges. The SCP must include BMPs which address prevention and control of erosion and sediment.
“Storm water pollution prevention plan (SWPPP)” is a plan to identify sources of sediment and other pollutants that affect the quality of storm water discharges and describes and ensures the implementation of practices to reduce sediment and other pollutants in storm water discharges. A SWPPP is required for sites greater than one acre or from a site that results in a land disturbance of less than one acre, but is part of a larger common plan and is part of the State Water Resources Control Board’s General Construction Activity Storm Water Permit or the federal National Pollution Discharge Elimination System (NPDES) storm water discharge regulations. The SWPPP must include BMPs which address prevention and control of erosion and sediment.
“Terrace” is a relatively level step constructed, in the face of a graded slope surface, for drainage and maintenance purposes.
“Zoning permit” is a permit issued by the planning department pursuant to the requirements of Chapter 17.100 BMC. (Ord. 06-13 §§ 2 – 6; Ord. 99-11; Ord. 96-1).
15.28.060 Application – Fees.
A. Before accepting a set of plans and specifications for checking, the city engineer shall collect a plan-checking fee. The council shall, by resolution, establish a schedule of plan-checking fees, based upon the volume of the excavation and fill, whichever is greater. The council may, from time to time, amend such schedule of fees by resolution.
B. Before issuing a grading permit, the city engineer shall collect a grading permit fee. The council shall, by resolution, establish a schedule of grading permit fees, based upon the volume of the excavation and fill, whichever is greater. The council may, from time to time, amend such schedule of fees by resolution.
C. The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project.
D. If any work requiring a permit is begun without a permit, the permit fees shall be doubled to compensate for the extra work involved in inspecting completed, or partially completed, work. (Ord. 96-1).
15.28.070 Application – Contents.
A. Applications for excavating, grading and filling permits shall be accompanied by two sets of plans and specifications 24 inches by 36 inches in size prepared at a scale of one inch equals 40 feet or greater. Unless waived by the city engineer, the plans shall be prepared by an engineer licensed by the state of California. The plans shall include the following unless waived by the city engineer:
1. A vicinity sketch showing roads, adjoining subdivisions and other data to adequately indicate the site location and show its relation to the community.
2. Property lines of the property on which the work is to be performed. The widths, location and identity of all existing easements.
3. Location of any buildings, structures, drainage devices or public improvements within 50 feet of the proposed work.
4. Date, north arrow, scale and accurate contours showing the topography of the existing ground of the proposed site and at least 50 feet beyond its boundary. Indicate source and date of existing contours.
5. Elevations, dimensions, location, extent and the slopes of all proposed grading shown by contours and/or other means. Contours shall be shown at intervals of not more than five feet, and of not more than two feet if slope of land is less than 10 percent.
6. Details of all surface and subsurface drainage devices, walls or other protective devices to be constructed in connection with, or as a part of, the proposed work.
7. A certificate stating the amount and location of any material to be excavated or filled or to be deposited in areas other than those shown on the plans.
8. Type, circumference and dripline of existing trees with a trunk diameter of four inches or more, measured 24 inches above existing grade. Any trees or vegetation proposed to be removed shall be so indicated.
9. Schedule of work.
10. A storm water pollution prevention plan for sites of one acre or more and a copy of the notice of intent (NOI) form required for the State Water Resources Control Board’s General Construction Activity Storm Water Permit.
11. A storm water control plan for all sites.
B. All grading in excess of 5,000 cubic yards with cuts/fills greater than four feet or when directed by the city engineer shall be designated as “engineered grading.” For “engineered grading” the application shall also contain the following:
1. A map prepared by a civil engineer showing the location of all areas subject to storm water runoff to and from the site and adjacent areas. A complete hydraulic analysis including the location, width, direction and quantity of flow of each watercourse shall accompany the map;
2. A soil engineering report, prepared by a soil engineer, including data regarding the nature, distribution and strength of existing soils; conclusions; and recommendations for grading procedures and design criteria;
3. A geological report, prepared by an engineering geologist, including an adequate description of the geology of the site and conclusions; and
4. A letter from a civil engineer verifying that he/she has been employed by the applicant and agrees to provide inspection, furnish as-built grading plans and submit the final statement in accordance with BMC 15.28.150 and 15.28.160.
C. For all grading work an erosion control plan shall be submitted to include the placement of structural and nonstructural storm water controls that prevent erosion during construction and post-construction. Erosion control plans for large-scale projects (50 acres or 200 lots, whichever is less), or when directed by the city engineer in sensitive areas, shall be prepared by a hydrologist specializing in erosion control. All erosion control plans shall be approved by the city engineer prior to September 1st, to permit grading work during the rainy season (October 15th through April 15th). For projects commencing after the start of the rainy season, erosion control plans shall be approved by the city engineer two weeks prior to commencing any work. For small projects (one acre or less) to be completed during the summer months (June 1st through October 15th) this requirement may be waived by the city engineer.
D. For projects on sites equal to or greater than one acre, or projects that result in the disturbance of less than one acre and are part of a larger plan of development that disturbs an area of five acres or more, the application shall comply with the requirements of the State Water Resources Control Board’s General Construction Activity Storm Water Permit program. The notice of intent (NOI) form and storm water pollution prevention plan (SWPPP) shall be furnished to the city as part of the application and prior to issuance of any grading permit. (Ord. 06-13 § 7; Ord. 96-1).
15.28.080 Issuance of permit.
A. No permit shall be issued until all of the required data has been submitted for the application, the city engineer and the community development director have approved the plans, and all required fees have been paid.
B. No permit shall be issued prior to the approval of any land use entitlement requirements, such as, but not limited to, zoning permits, tentative map and/or building or site plan review. An environmental assessment shall be performed in accordance with the requirements of CEQA (California Environmental Quality Act), as determined necessary by the community development director in accordance with the city’s current zoning ordinance. Conditions may be imposed by the city to minimize or mitigate any environmental impacts of the proposed work.
C. In the case of subdivisions, the approval to proceed by the city engineer, after having grading plans signed by the community development director and receiving all required grading bonds, grading permit fees, agreements and deeds (if applicable), and after approval of the tentative map by the planning commission or city council, shall constitute the requirements to allow issuance of a grading permit. (Ord. 96-1).
15.28.090 Bonds – Posting required.
A permit shall not be issued unless the permittee shall first post with the city engineer a bond executed by the applicant and a corporate surety authorized to do business in the state as a surety in an amount sufficient to cover the cost of the corrective work necessary to clean up and remove all debris, to eliminate all hazards, or to return the land to its natural condition as much as is possible should the project be abandoned. This amount shall be based upon an engineer’s cost estimate furnished by the applicant and approved by the city engineer. In lieu of a surety bond, the applicant may file a cash bond, certificate of deposit, or instrument of credit with the city engineer in an amount equal to that which would be required in the surety bond. Every bond or other surety shall:
1. Comply with all of the provisions of the applicable laws, ordinances, and requirements of the city attorney;
2. Comply with all terms and conditions of the permit for excavation or fill to the satisfaction of the city engineer;
3. Include conditions that the permittee shall complete all of 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. (Ord. 96-1).
15.28.100 Bonds – Term.
The term of each bond shall begin upon the date of issuance of the grading permit and shall remain in effect until released by the city engineer upon acceptance of completed grading improvements. (Ord. 96-1).
15.28.110 Bonds – Failure to complete work.
In the event of failure to complete the work and failure to comply with all of the conditions and terms of the permit, the city engineer may order the work required by the permit to be completed to his satisfaction. The surety executing such bond or deposit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the governing agency in causing any and all such required work to be done. If the work is not completed within the time period specified in BMC 15.28.120, the permittee shall be deemed to have abandoned the project, and the city engineer may, in his discretion, order the land to be returned as much as possible to its natural condition, and the surety shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the governing agency in causing such restoration work to be done. In the case of cash deposit, said deposit, or any unused portion thereof, shall be refunded to the permittee in whatever amount is not necessary to complete the work described. (Ord. 96-1).
15.28.120 Permit – Duration/expiration.
If the work authorized by any permit under this chapter is not commenced within six months of the date of issuance, or as otherwise indicated on the face of the permit, or if the work is not completed within two years of the date of issuance, or sooner if indicated on the face of the permit, the permit shall expire and become null and void. (Ord. 96-1).
15.28.130 Excavating, grading and filling – Regulations.
The following regulations shall apply to all excavating, grading and filling:
A. One copy of the approved plan, and specifications, the storm water control plan, if required, storm water pollution prevention plan, and the grading permit shall be kept on the site at all times during the progress of grading work.
B. All grading and noise therefrom, including, but not limited to, warming of equipment motors, shall be limited to the hours between 7:00 a.m. and 6:00 p.m., Monday through Saturday, unless other times are specifically authorized in writing by the city engineer for special circumstances.
C. All graded surfaces and materials, whether filled, excavated, transported or stockpiled, shall be wetted, protected, covered or contained in such a manner as to prevent any nuisance from dust, sediment, site runoff, or spillage upon adjoining property or streets. Best management practices incorporating erosion controls and other controls (i.e., dust palliative) shall be applied to the site when directed by the city engineer. Equipment and materials on the site and on hauling routes should be used in such a manner as to avoid excessive dust, site runoff, or spillage upon streets or storm drain inlets. This may include limiting work during windy periods.
D. No grading shall be conducted so as to encroach upon or alter the established gradient and riparian habitat of natural drainage courses except when a valid permit and other necessary approvals are obtained from the appropriate state and federal authorities (i.e., Fish and Game, etc.), and the necessary environmental review and approvals are received from the community development director, planning commission, or city council, as the case may be.
E. Whenever any portion of the work requires entry onto adjacent property for any reason, the permit applicant shall obtain a right of entry from the adjacent property owner or his authorized representative in a form acceptable to the city. A copy of such fully executed right of entry shall be filed with the city prior to the issuance of the grading permit and/or approval of the grading plans.
F. Sediment controls and other best management practices shall be constructed on all developments, as determined by the city engineer, to manage runoff into biologically sensitive areas or onto adjacent property and to control sediment during construction until permanent erosion controls have been established. The sediment and silt collected on-site shall then be removed and the resulting material hauled from the site or used as topsoil. Additional erosion control measures shall be employed during the rainy season (September 15th through April 15th) as required by the city engineer pursuant to BMC 15.28.140. Permanent siltation basins may be required in biologically sensitive areas.
G. Grading shall be designed so that lot lines are at the top of slope and with adequate property line setback from the slope to provide for required vertical slope rounding. The tops and toes of cut and fill slopes shall be set back from property lines of pedestrians and vehicular traffic, required slope rounding, adequate foundation support, required swales, berms and drainage facilities, and applicable zoning requirements. Except for pier-type foundations or other special foundation design, setbacks from property lines shall be not less than as required by Appendix Section 3314 and Figure 18-I-1 of the California Building Code.
H. The permit applicant and grading contractor shall be responsible for the protection of adjacent properties during grading operations. Prior to commencing any grading of the site, the exterior boundaries shall be marked as required by the city engineer. Boundary markers shall be maintained throughout the grading operation. Temporary barriers and/or protective fencing shall be used when necessary to protect adjacent properties.
I. Proper soil stabilization is required for all graded areas. Slopes, both cut and fill, shall be provided with subsurface drainage as necessary for stability.
J. Unless otherwise recommended in the approved soils report, fills shall conform to the following provisions:
1. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil and other unsuitable materials, then scarifying surface to provide a bond with new fill.
2. Fill on slopes steeper than 5:1 and higher than five feet shall require benching into sound bedrock or other competent material as determined by the soil engineer. Bench shall be a minimum width of 10 feet. The area beyond the top of fill shall be sloped for sheet overflow or an approved drainage facility provided.
3. When fill is placed over a cut, the bench under the top of fill shall be at least 10 feet wide but the cut shall be made before placing the fill and acceptance by the soil engineer or engineering geologist or both as a suitable foundation for fill.
4. Detrimental amounts of organic material shall not be permitted in fills. No rocks or similar irreducible material with a minimum dimension greater than 12 inches shall be buried or placed in fills. The city engineer may permit placement of larger rock only upon receipt and approval of a method of placement prepared by a soil engineer and under his/her direction. The following conditions shall also apply:
a. Rock disposal areas shall be delineated on grading plan.
b. Rock sizes greater than 12 inches in maximum dimension shall be 10 feet or more below finished grade, measured vertically.
c. Rocks shall be placed so as to assure filling of all voids with fines.
5. All fills shall be compacted to a minimum 90 percent of maximum density as determined in accordance with the requirements of the city engineer. In-place density shall be determined in accordance with the requirements of the city engineer.
K. Slopes, both cut and fill, shall not be steeper than two horizontal to one vertical (2:1), unless special circumstances applicable to the property, including size, shape, topography, location or surroundings would cause the strict application of the standard to deprive such property of reasonable use. If the above conditions are met, a thorough geological and engineering analysis shall verify that steeper slopes are safe and appropriate erosion control measures are specified.
L. Cut and fill slopes shall be contour-rounded unless the city engineer finds special circumstances applicable to the property that would require deviation from the requirement.
M. Variable slopes shall be used to mitigate environmental and visual impacts of grading unless the city engineer finds special circumstances applicable to the property that would require deviation from this requirement.
N. Terraces at least six feet in width shall be established at not more than 30-foot vertical intervals, subject to maximum height limitations, to control surface drainage and debris on cut or fill slopes. Suitable access shall be provided to permit proper cleaning and maintenance. Swales and ditches or terraces exceeding 200 feet in length shall have a minimum gradient of one percent and must be paved with concrete not less than three inches in thickness. They shall have a minimum depth of one foot at the center and a minimum paved width of 32 inches. A single run of swale or ditch shall not collect runoff from a tributary area exceeding 15,000 square feet (projected) without discharging into a down drain. These requirements regarding ditches and swales may be modified if recommended by a licensed soil engineer and approved by the city engineer.
O. All drainage facilities shall be designed to carry waters to the nearest practical drainage way approved by the city and/or other appropriate jurisdiction as a safe place to deposit such waters. Such facilities shall comply with the requirements of Chapter 15.64 BMC, Storm Water Management and Discharge Control. If drainage facilities discharge on natural ground, riprap and/or energy dissipators shall be constructed. All building sites shall be graded and sloped away from the building foundation with a minimum slope of two percent for a distance of 10 feet on all sides of every building except where yard requirements are less than 20 feet, in which case the soil shall be graded away from the foundation to a minimum of two-tenths of a foot in elevation at a distance not less than one-half the required yard width. The guidance documents referred to in Chapter 15.64 BMC, and city of Benicia engineering standards, shall be referred to in the planning of site grading so that surfaces drain first to planned landscaped areas before discharging to the public storm system.
P. Properly designed trash racks shall be installed on the upstream end of storm drainpipes 18 inches or larger where the pipe accepts drainage from a waterway, which is not to be undergrounded. These racks are to be constructed so as to preclude large debris, small children and pets from entering into the pipe. The city may require the installation of trash racks at other locations as deemed necessary for proper maintenance and safety.
Q. Upon completion of grading, provisions shall be made for the permanent maintenance of planted slopes or permanent erosion control measures. Finished improvements contained within private property shall be the responsibility of that owner for permanent maintenance. Where finished improvements are within a common area, there shall be a provision in the covenants, conditions and restrictions of that development for permanent maintenance. Where finished improvements are to be included in the public right-of-way, then permanent maintenance shall be included within the citywide lighting and landscape maintenance district.
R. No fill material shall be placed, spread or rolled during unfavorable weather conditions as determined by the soil engineer or city engineer. When the work is interrupted by heavy rains, fill operations shall not be resumed until field tests by the soil engineer indicate that the moisture content and density of the fill are satisfactory for resumption of the filling operation.
S. Modification of the specific grading regulations contained in this chapter may be approved or required by the city upon a finding that such modification:
1. Is necessary to preserve existing natural features, such as trees, streams, rolling hill forms, knolls, ridges, significant vegetation or rock outcroppings; or
2. Will reduce the adverse visual impacts of cut and fill operations.
For subdivisions of five or more units, this finding must be made by the planning commission or city council at the time of the approval of the tentative map, site plan, etc. For all other grading where a grading permit is required, the finding must be made by the city engineer in consultation with the permittee and the community development director. (Ord. 06-13 § 8; Ord. 99-11;Ord. 96-1).
15.28.140 Erosion control and storm water management.
A. All active and passive construction sites projects shall have a best management practices plan and storm water control measures in compliance with BMC 15.64.090. The Benicia Municipal Code requires a storm water pollution prevention plan (SWPPP) that meets either the requirements of the city of Benicia or the state general construction permit. A storm water control plan shall also be submitted in compliance with BMC 15.64.090(F) that incorporates best management practices of site design, source controls and treatment control.
B. The city may approve grading operations through the rainy season if all of the following conditions are met:
1. Applicant has a storm water control plan approved by the city;
2. A letter from the project geotechnical engineer or certified engineering geologist stating that such grading is acceptable and will not create a hazard to life, limb, property and public welfare;
3. Wet weather BMPs for grading operations are in conformance with approved plans and the SWPPP, have been placed and approved by the city, and are kept continuously in place;
4. Adequate security has been provided to the city.
C. The only BMPs that may be altered are those in direct conflict with the daily construction activity, as long as such BMPs are replaced at the end of the day’s construction activities, the start of a storm event or whichever occurs first.
D. The applicant shall comply with all BMPs and any rules, regulations, standards, ordinances, laws, permits and policies established or issued by the Federal Environmental Protection Agency, California Water Quality Control Board, and other regional, state and federal agencies as applicable.
E. The following documents shall be used as guides for the design and suitability of storm water control measures:
1. The city of Benicia general plan;
2. Association of Bay Area Governments Manual of Standards of Erosion and Sediment Control Measures;
3. California Storm Water Quality Association Best Management Practices Handbook;
4. The Erosion and Sediment Control Field Manual prepared by the Regional Water Quality Control Board, San Francisco Bay Region;
5. Bay Area Storm Water Management Agencies Association “Start at the Source.”
F. Slopes. The faces of cut and fill slopes over four feet in vertical height shall be prepared, stabilized and maintained to control against erosion. This control may consist of hydroseeding, jute matting, cribbing, walls, terracing, drainage facilities, approved planting or a combination thereof. If planting is required by the city or as a condition of approval of the tentative map, the planting plan shall be approved by the city’s community development director and by the parks and community services director. The protection for the slopes shall be installed as soon as practicable and prior to October 15th. Where cut slopes are not subject to erosion due to the erosion-resistant character of the materials, such protection may be minimized with prior approval from the city engineer.
G. Other unprotected graded surfaces exceeding 5,000 square feet in area shall be planted, paved or built upon, or shall be provided with berms, approved drainage facilities or approved erosion control facilities adequate to prevent erosion and to conduct the accumulation of runoff of surface waters to an approved place of discharge.
H. The design, installation and maintenance of all erosion control facilities or methods shall follow the standards and guidelines contained in the latest edition of the California Best Management Practices Handbook for Construction Activity, dated 2003, unless otherwise approved by the city engineer. Erosion control devices (including straw bales, silt fences, etc.) shall be on the site on or before October 1st. The erosion control facilities shall be installed and in operation in accordance with the approved erosion control plan, storm water management plan or storm water pollution prevention plan on or before October 15th. The following basic design principles and standards shall serve as minimum guidelines to control erosion and reduce sedimentation:
1. Stripping or burning of vegetation, grading, or other soil disturbance shall be done in a manner which will minimize soil erosion.
2. Existing natural vegetation shall be retained, protected and supplemented where necessary. Site development shall be accomplished so that existing trees can be preserved whenever possible and practical.
3. Exposure of soil to erosion by removal of vegetation shall be limited to the smallest area practicable and for the shortest time practicable. Soil exposure shall not exceed an area in which development can be completed during a single construction season to ensure that soils are stabilized and vegetation is established well in advance of the rainy season (October 15th through April 15th).
4. Facilities shall be constructed to retain sediment produced on-site.
5. Sediment basins, sediment traps, diversions or similar required measures shall be installed well in advance of any clearing or grading, and maintained through any such operations until removal is authorized by the city engineer. Design and size of basins shall be shown on plans and of a capacity to service the watershed affected.
6. Temporary seeding, mulching, or other suitable stabilization measures shall be used to protect exposed erodible areas during development at a minimum of two weeks in advance of the rainy season (October 15th through April 15th).
7. Permanent control structures and final vegetation should be installed as soon as practicable in the development, and a long-range maintenance plan developed and adhered to.
8. Standby crews and straw bales or sandbags stacked at the job site shall be available to the permittee or contractor for emergency work during rainstorms.
9. Velocity check dams in all unpaved street areas and all unpaved graded channels shall be provided at the necessary intervals to control and minimize erosion.
10. All erosion control devices shall be in place at the end of each working day during the rainy season (October 15th through April 15th) and when directed by the city engineer or his authorized representative during the dry season when there is a probability of rain forecasted.
11. All erosion control devices including basins and check dams shall be properly maintained within 24 hours after each storm in order to be prepared to accommodate runoff from the next storm event. This may require basins and check dams to be pumped dry and all debris and silt removed as directed by the soil engineer or city engineer.
12. It is the intent of this chapter to prohibit the abandonment of graded areas or slopes which are not provided with erosion protection and adequate drainage facilities even if all other requirements in this section and this chapter have been provided and approved. (Ord. 06-13 § 9; Ord. 96-1).
15.28.150 Grading inspection.
A. General. All grading operations for which a permit is required, including measures required by Chapter 15.64 BMC, Storm Water Management and Discharge Control, shall be subject to inspection by the city engineer. Special inspection of grading operations and special testing shall be performed in accordance with the provisions of subsection (C) of this section.
B. Grading Designation. All grading in excess of 5,000 cubic yards or with cuts/fills greater than four feet shall be performed in accordance with the approved grading plan prepared by a civil engineer, and shall be designated as “engineered grading.” Grading involving less than 5,000 cubic yards shall be designated “regular grading.” When the city engineer has cause to believe that hydraulic, geologic or other factors may be involved, the grading operation shall be required to conform to “engineered grading” requirements.
C. Engineered Grading Requirements. For engineered grading it shall be the responsibility of the civil engineer who prepares the approved grading plan to incorporate all recommendations from the soil engineering and engineering geology reports into the grading plan. He shall also be responsible for the professional inspection and approval of the grading within his area of technical specialty. This responsibility shall include, but need not be limited to, inspection and approval as to the establishment of line, grade and drainage of the development area. The civil engineer shall act as the coordinating agent in the event the need arises for liaison between the other professionals, the contractor, and the city engineer. The civil engineer shall also be responsible for the preparation of revised plans and the submission of as-built grading plans upon completion of the work.
Soil engineering and engineering geology reports shall be required as specified in BMC 15.28.160. During grading, all necessary reports, compaction data and soil engineering and engineering geology recommendations shall be submitted to the civil engineer and the city engineer by the soil engineer and the engineering geologist.
The soil engineer’s area of responsibility shall include, but need not be limited to, professional inspection and approval concerning the preparation of ground to receive fills, testing for required compaction, stability of all finish slopes and the design of buttress fills, and where required, incorporating data supplied by the engineering geologist.
The engineering geologist’s area of responsibility shall include, but need not be limited to, professional inspection and approval of the adequacy of natural ground for receiving fills and the stability of cut slopes with respect to geological matters, and the need for subdrains or other ground water drainage devices. He shall report his findings to the soil engineer and the civil engineer for engineering analysis.
The city engineer shall inspect the project at the various stages of the work requiring approvals and at any more frequent intervals necessary to determine that adequate control is being exercised by the professional consultants.
D. Regular Grading Requirements. The city engineer, at his discretion, may require inspection and testing by an approved testing agency at the permittee’s expense.
The testing agency’s responsibility shall include, but need not be limited to, certification concerning the inspection of cleared areas and benches to receive fill, and the compaction of fills.
E. Notification of Noncompliance. If, in the course of fulfilling their responsibility under this chapter, the civil engineer, the soil engineer, the engineering geologist or the testing agency finds that the work is not being done in conformance with this chapter or the approved grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and the city engineer. Recommendations for corrective measures, if necessary, shall be submitted.
F. Transfer of Responsibility. If the civil engineer, the soil engineer, the engineering geologist, or the testing agency of record are changed during the course of the work, the work shall be stopped until the replacement has agreed to accept the responsibility within the area of their technical competence for approval upon completion of the work. (Ord. 06-13 § 10; Ord. 96-1).
15.28.160 Completion of work.
A. Final Reports.
1. Upon completion of the rough grading work and at the final completion of the work, the city engineer shall require the following reports and drawings and supplements thereto:
a. An as-built grading plan, including original ground surface elevations, as-graded ground surface elevations, lot drainage patterns and locations and elevations of all surface and subsurface drainage facilities.
b. The grading contractor shall submit a statement that his work was in conformance to said as-built grading plan.
2. For “engineering grading” the following shall also be required:
a. A final soils grading report prepared by the soil engineer including locations and elevations of field density tests, summaries of field and laboratory tests and other substantiating data and comments on any changes made during grading, and their effect on the recommendations made in the soil engineering investigation report. The soil engineer shall submit a statement that, to the best of their knowledge, the work within their area of responsibilities is in accordance with the approved soil engineering report.
b. A geologic grading report prepared by the engineering geologist including a final description of the geology of the site, including any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. The engineering geologist shall submit a statement that, to the best of their knowledge, the work within their area of responsibilities is in accordance with the approved soil engineering report.
c. The civil engineer shall submit a statement that, to the best of their knowledge, the work within their area of responsibility was done in accordance with the final approved grading plan. An as-graded grading plan prepared by the civil engineer on three-mil-thick mylar shall be provided, incorporating original ground surface elevations, as-graded ground surface elevations, lot drainage patterns, location and elevation of all surface and subsurface drainage facilities and other information as contained in the originally approved grading plan.
B. Notification of Completion. The permittee or the permittee’s agent shall notify the city engineer when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices and all erosion control measures, have been completed in accordance with the final approved grading plan and the required reports have been submitted.
C. Upon completion of all grading work, receipt of the as-built grading plan and the necessary statements, and upon evidence that all the requirements of this chapter have been satisfactorily complied with, the city engineer shall notify the city building inspection division. Completion of all rough grading work and approval from the city engineer is required prior to issuance of any building permit by the building inspection division. (Ord. 96-1).
15.28.170 Appeal procedures.
Any person under this chapter who may be dissatisfied with the action of the city engineer on the application may file an appeal in accordance with Chapter 1.44 BMC. (Ord. 07-47 § 1; Ord. 96-1).
15.28.180 Violations – Penalties.
A. The city engineer may issue a stop-work order until violation of any provision of this chapter is corrected. If, in the opinion of the city engineer, a grading operation creates a dangerous or hazardous condition, the city engineer shall require the applicant to immediately abate such condition. If the applicant fails to abate the condition, the applicant’s grading bond shall be called by the city and the cost of corrective work charged to the bond.
B. Where any act is prohibited in this chapter, the doing of said act is declared herewith to be unlawful and will constitute a misdemeanor. Where the doing of any act is required in this chapter, the failure to do that act is declared to be unlawful and a misdemeanor. Chapter 1.08 BMC, General Penalty, covering penalties, shall apply to noncompliance with this chapter.
C. In addition to the above and to the criminal provisions provided for in this code, violation of any provision of this chapter is declared to be a public nuisance and may be abated by the city. (Ord. 96-1).
Prior legislation: Ord. 92-13.