Banning Municipal Code Ch. 18.01 General Provisions

The ordinance codified in these chapters shall be known as the "City of Banning Grading, Erosion, and Sediment Control Ordinance" and will be referred to herein as "this ordinance."

(Ord. No. 1388, § 4, 7-14-09)

The city engineer ("city engineer") shall formulate a manual setting forth the administrative procedures and technical requirements necessary to implement the provisions of this ordinance. Such rules, procedures, and requirements shall be entitled "The City of Banning Administrative and Technical Procedures Manual for Grading, Erosion, and Sediment Control" ("grading manual"). The city engineer shall have the authority to change, update or revise the grading manual as necessary in order to implement the provisions of this ordinance and all revisions thereto arising from time to time.

In the event of any conflict between the grading manual and this ordinance, the more restrictive provisions shall govern. The provisions of the grading manual shall, to the extent they are made conditions of a permit by the city engineer, be binding upon the permittee and those claiming under said permittee.

(Ord. No. 1388, § 4, 7-14-09)

This ordinance is enacted for the purpose of regulating grading activity on property within the city limits of the City of Banning to safeguard life, limb, health, property and the public welfare; to avoid discharges of pollutants such as sediment, hazardous materials, wastes and debris from entering public or private stormwater conveyance facilities and surface waters; and to ensure that the intended use of a graded site within the city limits is consistent with the city's general plan, any specific plans adopted thereto and all applicable city ordinances and zoning regulations.

(Ord. No. 1388, § 4, 7-14-09)

This ordinance sets forth rules and regulations, which reflect the minimum acceptable methods or actions to control land disturbances, landfill, soil storage, pollution, and erosion and sedimentation resulting from construction, grading, excavation, and land clearing activities. This ordinance establishes procedures for issuance, administration and enforcement of permits for such activities. Any such grading activities within the city limits of the City of Banning shall conform to the provisions of this ordinance and the grading manual and other applicable provisions of the city's municipal code and the California Building Code, as adopted and amended by the city, together with all other conditions of approval.

In the event that a particular topic is not covered in either this ordinance or the grading manual, the applicable provisions of the city's Municipal Code or the California Building Code, as adopted and amended by the city, shall govern. If a conflict arises between this ordinance and the city's Municipal Code or the California Building Code, the more restrictive provision shall govern, unless otherwise approved by the city engineer.

(Ord. No. 1388, § 4, 7-14-09)