Chapter 15.20 — GRADING AND DRAINAGE

(a)

The purpose of this chapter is to provide minimum standards to protect public health and welfare, to promote orderly improvement, and to conserve natural beauty of real property by providing adequate drainage and regulating design, construction and maintenance of grading, whether excavation or fill, within the town.

(b)

The regulations in this chapter shall apply to the improvement of any lot, parcel or subdivision involving grading except as set forth in exceptions listed in this chapter.

(Ord. 402 § 1(A), 1963)

(a)

"Debris" may include but is not limited to tree, lawn and shrub trimmings, paper, glass, crockery, wood scraps, brick bats, cement, plaster, stones, gravel and other similar building materials commonly disposed of at building sites. Tin cans or any other materials having any connection with food preparation or processing are not within this definition.

(b)

"Director" means the director of public works or his or her designee. In the event that the director of public works position is unoccupied this term shall refer to the person designated as Town Engineer or his or her designee.

(c)

"Drainage" means a system of carrying off all rain water or any liquid to alleviate any possibility of flood or erosion.

(d)

"Grading" means the removal and/or placement of earth or rock from or upon any property.

(e)

"Permit" means the permit required by this chapter.

(f)

"Permittee" means the owner of the property or his or her authorized agent to whom the permit is issued.

(g)

"Relative compaction" means a proportion of the maximum density of the material and shall be measured and defined as set forth in State Standard Specifications adopted in this chapter.

(h)

"Town" means the town of Corte Madera and departments and officials thereof. (Ord. 402 § 1(B), 1963)

(Ord. No. 916, § 1, 10-6-2009; Ord. No. 951, § 2, 7-21-2015)

No person shall grade any lot, parcel or subdivision without first obtaining a permit. The following work may be exempted at the director's discretion:

(1)

Excavation for foundations, basements and swimming pools for which a building permit has been issued;

(2)

Excavation for trenches if to be backfilled to existing ground surface and where the slope of the surface of the ground is flatter than one vertical to five horizontal;

(3)

Excavations for installation of underground storage tanks where capacity of the tank does not exceed ten thousand gallons;

(4)

Excavation for mine shafts, wells, trenches or tunnels for utilities;

(5)

Earth construction if performed by a governmental agency;

(6)

Gravel stockpiles for road materials; also stockpiles of construction materials for buildings or structures, or for commercial storage purposes permitted under Title 18; also the removal of gravel or other materials which obstruct natural watercourses;

(7)

Exploratory excavations or borings performed under the direction of a Registered Geotechnical Engineer;

(8)

Excavations less than fifty cubic yards;

(9)

Fills of less than fifty cubic yards that are constructed on slopes less than twenty percent and less than three feet in height and do not support a structure.

(Ord. 402 § 2(A), 1963; Ord. No. 951, § 2, 7-21-2015)

(a)

The grading and drainage plan shall be in the form of a map and submitted, in duplicate, accompanied by the filing fee to the director. Each plan submitted shall be deemed to be a promise to comply herewith and shall be deemed to incorporate therein all the terms and provisions hereof.

(b)

The map and supporting documents shall contain the following information:

(1)

The street address and assessor's parcel number of the properties on which grading is to be done;

(2)

The name and address of the owner and the applicant;

(3)

All buildings and topographic features and details of terrain and drainage for the conditions existing before and after the proposed work;

(4)

The location of springs, swampy areas, areas subject to flooding, landslides and mud flows;

(5)

Elevations at all critical points to be based on monuments and bench marks;

(6)

Contour lines at a maximum of five-foot intervals;

(7)

Cross sections of the ground showing both original and proposed ground surfaces with grades, slopes and elevations;

(8)

Ponding areas;

(9)

A statement as to the general description of the earth materials involved in the work as to classification, bedding or other geological features; results of test borings; and reports by a soils engineer as to slide conditions existing or anticipated and as to the suitability of the material for construction of stable embankments with recommendations for construction procedure to obtain required stability and compaction.

(c)

Exceptions to the requirements in subsections (a) and (b) may be permitted by the director. (Ord. 402 § 2(B), 1963)

(Ord. No. 916, § 2, 10-6-2009)

The director shall, upon receipt of an acceptable application, review and make such field inspections as may be deemed necessary to determine site conditions or the relation of the site to the adjoining properties, and to determine compliance with all town ordinances. (Ord. 402 § 3(A), 1963)

(Ord. No. 916, § 2, 10-6-2009)

Plans shall be approved in which the proposed design and use and the proposed construction procedures are found to meet the requirements of all applicable town ordinances and are found to not endanger adjacent properties and streets. After receipt of the completed plan and other data, the director shall:

(1)

On work involving one thousand cubic yards or less of earth issue or decline to issue a permit for said work within five working days after application.

(2)

On work involving more than one thousand cubic yards of earth, make written recommendation to the town council at the first regular meeting following five working days allowed for his proper review. Council, after due consideration, shall approve or disapprove the plan and authorize the issuance by the director of a permit on all approved plans.

(3)

With the issuance of a permit a red card of one square foot minimum size shall be posted by the director conspicuously on subject site and no work shall be done by the permittee for three days after posting of the red card. The red card shall bear the following information:

(A)

Name and address of applicant,

(B)

Approximate amount of earth involved,

(C)

Date work may begin under permit,

(D)

Signature of the director. (Ord. 402 § 3(B), 1963)

(Ord. No. 916, § 2, 10-6-2009; Ord. No. 951, § 2, 7-21-2015)

(a)

The director's denial, suspension, or revocation of a permit may be appealed in writing by the applicant or permittee to the Town Council. Such an appeal shall be filed with the town clerk within ten calendar days of the director's determination and shall be presented at the next available regular meeting of the council.

(b)

Said appeal must state the reason for the appeal and shall be filed with the director. All appeals shall be presented to the Town Council at the first available regular meeting following the date of receipt. No work shall be done by the permittee unless the appeal is heard and granted by the council upon making a de novo review of the evidence presented at the hearing. The formal rules of evidence shall not apply to the presentation of evidence at the appeal hearing. (Ord. 402 § 3(C), 1963)

(Ord. No. 916, § 2, 10-6-2009)

The permit shall set forth a reasonable expiration date. Permits for debris fills shall be issued for one year only. (Ord. 402 § 3(D), 1963)

(Ord. No. 916, § 2, 10-6-2009)

The director may either suspend or revoke a permit by written notice delivered to the permittee if it is found that:

(1)

Conditions at the site vary substantially from those shown on the approved plan;

(2)

Construction or grading as it progresses does not conform to the approved plan;

(3)

Cessation of work before completion has left the site in a condition hazardous to the public or to the adjacent property;

(4)

The work authorized under the permit has not commenced within four months from the date of the permit, or, after having been commenced, is not consistently and expeditiously prosecuted or carried forth toward

completion. Upon the expiration, suspension or revocation of a permit, all work shall cease. (Ord. 766 § 1, 1990: Ord. 402 § 3(E), 1963)

(Ord. No. 916, § 4, 10-6-2009)

The permittee may, before the expiration of a permit, apply in writing for extension of time in which to complete the work authorized by a permit. The permittee shall set forth reasons for such extension and a new completion date. The director may grant such an extension. Application for a permit for a debris fill shall be submitted annually with no extension of time allowed. (Ord. 402 § 3(F), 1963)

(Ord. No. 916, § 2, 10-6-2009)

Permits issued under the provisions of this chapter are nontransferable.

(Ord. 402 § 3(G), 1963)

The schedule of fees will be those established and adopted by the town council from time to time by resolution. Before a permit is issued, the applicant shall deposit with the town cash or check in a sufficient sum to cover the fee for issuance of the permit, charges for field investigation, and the fee for necessary inspection, all in accordance with a schedule established and adopted by the town council. Where work for which a permit is required by this title is started or proceeded with, prior to obtaining said permit, the fees above-specified shall be doubled.

(Ord. 616 § 1, 1974: Ord. 402 § 4(A), 1963)

The permittee, unless he is a contractor duly licensed by the state, shall file with the town clerk a certificate of public liability and property damage insurance in favor of the person for whom he is doing work. The amounts shall be at least one hundred thousand dollars per person with three hundred thousand dollars per accident and twenty-five thousand dollars property damage.

(Ord. 402 § 4(B), 1963)

The regulations in Sections 15.20.140 through 15.20.230 are applicable to grading performed pursuant to permits issued under this chapter.

(Ord. 402 § 5, (part), 1963.

Without special provision therefor in the permit, excavation or filling may be prohibited by the director during the times in which, in his opinion, rainfall precludes compliance with this chapter or permit conditions. (Ord. 402 § 5(A), 1963)

(Ord. No. 916, § 3, 10-6-2009)

Those operations within five hundred feet of residential occupancies shall be limited to the hours of seven a.m. to seven p.m. daily. Sunday operations are prohibited. Maintenance and service work on equipment may, however, be performed at other times.

(Ord. 402 § 5(B), 1963)

Encroachment of operations on public rights-of-way is prohibited, except for hauling of legal loads by vehicles permitted by law to operate on public roads or upon issuance of an encroachment permit by the town.

(Ord. 402 § 5(C), 1963)

Traffic control on affected streets shall be provided by the permittee to the satisfaction of the police chief so as to provide a minimum of public inconvenience and traffic disruption.

(Ord. 402 § 5(D), 1963)

Operations shall be controlled by the permittee so as to prevent nuisances to public and private ownerships because of dust, drainage, removal of natural support, encroachment, noise, and vibrations.

(Ord. 402 § 5(E), 1963)

Blasting, or other use of explosives, is prohibited except when in accordance with regulations of the General Industry Safety Orders of the Division of Industrial Safety of the state of California and Title 19 of the State Administrative Code and a blasting permit has been issued by the town.

(Ord. 402 § 5(F), 1963)

The director shall have the right to enter the improvement site at all times to inspect operating procedures, progress, prospective developments and compliance with the permit. (Ord. 402 § 5(G), 1963)

(Ord. No. 916, § 4, 10-6-2009)

Where construction is such that frequent or continuous inspection during construction operations is deemed necessary by the director or the permit involves the movement of more than one thousand cubic yards, the permittee shall retain a soils engineer to furnish supervision and inspection of the work and make all necessary field tests during grading operations. Upon completion of the work under permit, the soils engineer shall certify in writing that the grading and related work (including drainage provisions, slope stability, erosion prevention methods and methods of placing stabilizing and compacting fills) was performed under his or her supervision. He or she shall therein state whether or not it was performed in accordance with the requirements of this chapter and accepted engineering practices and shall describe any deviation therefrom. The certificate of the soils engineer shall state his or her opinion as to the adequacy of the cut or fill for the intended use. (Ord. 402 § 5(H), 1963)

(Ord. No. 916, § 4, 10-6-2009; Ord. No. 951, § 2, 7-21-2015)

Should the permittee cease work for any reason before the work is completed, he shall take all steps necessary to leave the premises in a condition that will not violate this chapter or any of the terms of his permit and in a condition that will not promote damage to adjoining properties or to the public roads or other public places through erosion or materials or landslides.

(Ord. 402 § 5(I), 1963)

The standards in Sections 15.20.250 through 15.20.340 shall be conformed to in all cases.

(Ord. 402 § 6 (part), 1963)

(a)

Slope. The slope of the bank in an excavation shall not be steeper than two horizontal to one vertical, except the director granting the permit may require slopes to be flatter if soil conditions appear to be unfavorable, or if an adjacent foundation or structure may be endangered. Steeper slopes may be permitted by the director if approved by a licensed Geotechnical Engineer.

(b)

Height. The vertical height of any excavated slope shall not exceed thirty feet, measured from the toe of the slope to the highest natural ground on such slope or to a level bench not less than six feet in width.

(c)

Setback. Neither the top nor the toe of any excavation slopes shall be closer than two feet to the property line. (Ord. 402 § 6(A), 1963)

(Ord. No. 916, § 5, 10-6-2009; Ord. No. 951, § 2, 7-21-2015)

(a)

Clearing and Stripping. Except in salt marshland and where specifically debris filling is proposed and approved, the area on which a fill is to be placed shall be cleared of all vegetation such as trees, logs, stumps and roots of trees, brush, heavy growth of grass and weeds and any other material, such as debris, metal or nonearthen materials which cannot be properly consolidated or will not support the load of the fill or structures. In salt marshland, surface vegetation may remain.

(b)

Keying. Embankment fills shall not be constructed upon natural ground slopes which are steeper than five horizontal to one vertical unless such embankments are keyed into the natural ground by means of horizontal benches excavated in the natural ground. The construction operation shall be such that a slip plane is not created between the original materials and the newly compacted material.

(Ord. 402 § 6(B), 1963; Ord. No. 951, § 2, 7-21-2015)

(a)

Slopes. The slopes of a fill shall not be steeper than two horizontal to one vertical. A flatter slope than two to one may be required by the director if the underlying soils or fill material warrant.

(b)

Setback. The toe of fill slopes shall be at least three feet away from any property line.

(c)

Compaction. All fills shall be compacted to a relative compaction of not less than ninety percent except as approved by the director.

(d)

Rocks. No rock larger than six inches in greatest dimension will be permitted closer than eighteen inches from the surface in the creation of an embankment. Rocks will not be permitted to nest. All voids shall be filled with earth or other fine material and shall be compacted as required in (c). (Ord. 402 § 6(C), 1963)

(Ord. No. 916, § 6, 10-6-2009; Ord. No. 951, § 2, 7-21-2015)

(a)

Surface Drainage. Drainage facilities and erosion control devices shall be provided to convey storm waters to a natural channel or watercourse or to a storm drainage facility in a manner consistent with good engineering practices. Drainage facilities shall be designed so as to provide capacity necessary to carry off

twenty-five year storm, unless otherwise required by the director, but in no case shall culverts be less than twelve inches in diameter.

(b)

Subsurface Drainage. Where evidence indicates the pressure of subsurface waters which may contribute to sliding or settlement of the earth surface either in an undisturbed state, or likely to result from grading operations, the town may require the construction of, or installation of, such subsurface and surface facilities as may be deemed necessary to collect such subsurface waters as may require its conveyance to an adequate natural watercourse or public drainage system.

(c)

Design Standards. All design and construction of drainage facilities hereafter implemented within the town shall comply and be in conformance with that certain publication known as "Town-Wide Storm Drainage and Flood Control Study, Phase 1" prepared by AN West Inc. dated May 2007, and "Town-Wide Storm Drainage and Flood Control Study, Phase 2" prepared by AN West Inc. dated December 2008, and their appendices. This shall include, but not be limited to, rainfall criteria, runoff, facility sizing, and all other engineering criteria included in these documents. (Ord. 719 §§ 1, 2, 3, 1984; Ord. 566 § 1, 1972: Ord. 402 § 6(D), 1963)

(Ord. No. 916, § 6, 10-6-2009; Ord. No. 951, § 2, 7-21-2015)

(a)

Purpose. The purpose of this section is to provide for protection of water quality and control of erosion and sedimentation associated with grading or storage of earth material.

(b)

Permit Required. An erosion control permit shall be obtained from the director or his delegated representative prior to the commencement of grading whenever any of the following conditions are present:

(1)

The project is subject to a grading permit under Chapter 15.20 Grading and Drainage;

(2)

The project is subject to a building permit or other permit that has the potential for significant erosion and/or significant non-stormwater discharges of sediment and/or construction site waste;

(3)

The project would entail any of the following: hillside soil disturbance, rainy season construction, construction near a creek or an intermittent or ephemeral drainageway, or any other condition or construction site activity that could lead to a non-stormwater discharge to a storm drain if not managed by effective implementation of an ESCP.

(c)

Exceptions to Permit Requirement.

(1)

Maintenance work performed by or on behalf of the town or by any public agency not otherwise subject to the control of the town;

(2)

Excavation for trenches in paved areas;

(3)

Stockpiles of road building materials or other non-earthen construction materials to be incorporated into work for which a permit has been issued or a contract let.

(d)

Permit Application. The application for an erosion control permit shall include an Erosion and Sediment Control Plan (ESCP) which addresses erosion and sediment control and pollution prevention during the construction phase as well as final stabilization control measures. The ESCP shall be submitted for review and approval by the town. The project applicant shall follow the most recent version of the MCSTOPPP Construction Erosion and Sediment Control Plan Applicant Package. At a minimum, the ESCP shall include:

(1)

Description of the proposed project and soil disturbing activity;

(2)

Site specific construction-phase Best Management Practices (BMPs);

(3)

Rationale for selecting the BMPs;

(4)

List of applicable outside agency permits associated with the soil disturbing activity, such as: Construction General Permit (CGP); Clean Water Act Section 404 Permit; Clean Water Act Section 401 Water Quality Certification; Streambed/Lake Alteration Agreement (1600 Agreements);

(5)

If the project requires coverage under the CGP issued by the State Water Resources Control Board (SWRCB), Permit Registration Documents must be filed with the SWRCB for said coverage and a copy of the Waste Discharge Identification Number shall be submitted to the town prior to issuance of a permit for construction. The applicant may submit the Storm Water Pollution Prevention Plan (SWPPP) required by the

General Construction Activity Stormwater Permit in lieu of the ESCP provided it meets the requirements of the ESCP;

(6)

Implementation of an approved ESCP shall be a condition of the issuance of a building permit, a grading permit, or other permit issued by the town for a project subject to this section. The ESCP shall be implemented year round and must be updated to reflect changing conditions on the project site. Any modifications to the ESCP shall be submitted to the town for review and approval.

(e)

Erosion and Sediment Control Standards. The standards for an Erosion and Sediment Control Plan shall conform to the MCSTOPPP, "Construction Erosion and Sediment Control Plan Applicant Package" for projects that are subject to minor and major grading permits or as directed by the director of public works. For all other projects, the MCSTOPPP, "Minimum Erosion/Sediment Control Measures for Small Projects" shall be required.

(f)

Security. Prior to the issuance of an erosion control permit, a security acceptable to the director and in an amount determined by the director shall be posted to guarantee timely installation of erosion control measures whenever the contractor fails to perform required erosion control work or to perform it in a timely manner. The director may cause the work to be done by any means he deems appropriate and charge the cost thereof against the permittee's security. Where security is required for other work to be constructed, the erosion control security may be combined with that security.

(g)

Fees. Fees shall be charged for checking erosion control plans and inspecting the work. These shall be the same as those established for engineering plan checking and inspection of surface and drainage improvements.

(h)

Schedule of Work. Special authorization must be received from the director prior to any grading activity during the rainy season (October 15th to April 15th). Such authorization may be revoked at any time if the director determines that continuation of such activity may cause excessive erosion when grading during the rainy season is authorized. Temporary erosion control measures must be installed prior to the start of any other work and maintained throughout the rainy season. Where the approved schedule of work calls for installation of permanent erosion control measures prior to October 15th, the installation of temporary measures may be waived by the director. If in the opinion of the director, permanent erosion control measures will not be in place by October 15th, a temporary erosion control plan shall be required by September 1st, and the installation of temporary erosion control measures shall be required by October 15th.

(i)

Inspection. Erosion control measures required prior to the start of other work shall be inspected and approved by the director prior to the start of the other work. The director shall also inspect the work prior to September 1st and prior to October 15th to confirm that required erosion control measures will be or are in place by October 15th. Additional inspections will be made as necessary during the rainy season to assure erosion control measures are in place and working.

(j)

Modifications. The director may require modifications of previously approved erosion control plans and methods to accommodate unanticipated conditions on the site. The director shall notify permittee in writing of the requirements and specify a reasonable period of time within which permittee must comply. Permittee shall comply with such requests within the specified time.

(k)

Suspension. If permittee fails to meet any requirement of this ordinance or administrative regulations, the director may suspend the erosion control and the grading permits and permittee shall cease all work on the site in accordance with Section 15.70. The director shall reinstate suspended permits upon permittee's correction of the cause of suspension. If work does not cease upon suspension of the permits, the permits shall be revoked by the director. A permittee may appeal a determination suspending or revoking a permit upon appeal being made in accordance with the permit appeal procedures set forth by this chapter. (Ord. 719 § 4, 1984)

(Ord. No. 916, § 6, 10-6-2009; Ord. No. 951, § 2, 7-21-2015)

No grading shall be so performed as to deprive adjacent land of lateral support or to cause the slippage or excessive washing of earth or rock onto adjacent public or private land.

(Ord. 402 § 6(E), 1963)

Retaining walls, crib walls, culverts, drainage facilities or other structures may be required by the director to be shown on the grading plan. (Ord. 402 § 6(F), 1963)

(Ord. No. 916, § 7, 10-6-2009)

Where fill is to be placed on land which is below elevation 7, the grading plan shall define whether the applicant proposes a low-level development or a high-level development and the following requirements shall be met, in addition to the other provisions of this chapter:

(1)

Low-level developments shall be completely enclosed from tidewater by levees of approved design having a minimum top elevation of +9.00 feet. Within each project, a holding pond or interconnected ponds shall

be provided. The combined area of such ponds shall be not less than one-twentieth of the total area drained, including any tributary outside area. The bottom elevation of the ponds shall be not higher than -3.00 feet and the area shall be measured at elevation 0.00.

The culvert or culverts draining the holding ponds shall be equipped with tide gates at the discharge ends and shall have a minimum combined cross-sectional area in square feet equal to eight one-hundredths times the total number of acres drained, including outside tributary area. The above culvert area is based upon a coefficient of discharge, C of not less than 0.60 in the formula:

For lower values of C, the culvert area shall be correspondingly increased. The invert elevations of the culverts shall be not higher than—3.00 feet, and the tops of the culverts shall be not higher than 0.00 elevation. The channel extending from the discharge ends of the culverts to the open bay shall be so designed and constructed that the hydraulic drop in the channel will not exceed 0.60 feet, with the water surface at the culvert at elevation 0.00, and the flow in the channel in cubic feet per second equal to one- half of the total number of acres drained. The acres drained shall include the area tributary to the channel. Should the hydraulic drop in the channel exceed 0.60 feet, all elevations within the low-level project shall be correspondingly increased. The minimum ground elevation of areas intended not to flood shall be elevation +3.00 feet plus an additional elevation representing allowance for subsidence based on a fifty-year period. Subsidence shall be computed based on the proposed depth of new fill and for the different parts of the project according to the method set forth in "Fundamentals of Soil Mechanics," by Donald W. Taylor, 1948, Chapters 10 and 12 or similar method approved by the town engineer. In no case shall the subsidence assumed for design purposes be less than seventy-five percent of the computed ultimate settlement;

(2)

High-level development. The minimum ground elevation of areas intended not to flood shall be +7.00 feet plus allowance for subsidence based on a fifty-year period. Subsidence shall be calculated as for the low- level development set forth above;

(3)

Normal drainage. The street grades and storm system shall be designed for the maximum storm flow against a tide level in the bay of +3.76 feet, and further, the system shall also be designed to function with one-half the maximum storm flow against a tide level in the bay of +5.33 feet. Future subsidence of the streets and drains must be allowed for so that gravity drainage will be adequate after fifty years of normal subsidence. The permittee shall provide the town with such computations, or the written opinion of a soils engineer, upon each of these matters;

(4)

Drainage pumps. In lieu of the holding ponds, pumps may be provided to handle surface water runoff during the time the discharge end of drain lines is below water. The pumps and appurtenances shall be dedicated to the town or an arrangement for maintenance satisfactory to the town council shall be set forth in an agreement with the town. Said pumps shall meet the following requirements:

(A)

Capacity shall be adequate to handle maximum runoff, including any tributary areas, for a fifty-year storm,

(B)

Discharge from pump shall be to a tidal channel and, if below water, shall be provided with necessary check valves.

(C)

Pumps shall operate automatically when a set water elevation is exceeded.

All design and construction of drainage facilities hereafter implemented within the town shall comply and be in conformance with that certain publication known as "Town-Wide Storm Drainage and Flood Control Study, Phase 1" prepared by AN West Inc. dated May 2007, and "Town-Wide Storm Drainage and Flood Control Study, Phase 2" prepared by AN West Inc. dated December 2008, and their appendices. This shall include, but not be limited to, rainfall criteria, runoff, facility sizing, and all other engineering criteria included in these documents.

(Ord. 566 § 1, 1972: Ord. 402 § 6(G), 1963; Ord. No. 951, § 2, 7-21-2015)

(a)

Safety:

(1)

The permittee shall not allow any fires or burning on the site. Any fires that occur shall be fought continuously night and day by at least two men with a bulldozer until extinguished, all under the direction of and at the expense of the permittee;

(2)

No smoking shall be permitted on the site and applicable signs shall be conspicuously posted;

(3)

A town standard six inch fire hydrant shall be provided on site with connections and location approved by the fire chief;

(4)

At least one bulldozer in operating condition shall be stationed on site at all times.

(b)

Placement:

(1)

All debris shall be compacted with a bulldozer so that no visible voids are created;

(2)

At least one foot of earth fill shall be placed each day over the day's accumulation of debris;

(3)

Face of debris shall be covered with at least one foot of earth every Saturday at five p.m. The permittee shall maintain a bulldozer working at the site continuously after said time until all debris has been so covered;

(4)

Debris shall be placed in a cellular pattern of seventy-five feet times one hundred feet, each cell separated by earth fill four feet thick extending down to original ground of site;

(5)

Ratio of debris to earth fill shall be a maximum of three to one;

(6)

A minimum of three feet of earth fill shall be placed over debris within one year from placement of the debris.

(Ord. 402 § 6(H), 1963)

At the time of the initial filing of an application or at any time during progress of the work, the applicant may propose variances from or alternates to any of the requirements and standards set forth in this chapter or stated in any previous permit. Such variances and alternates shall then be reviewed by the director or town council, authorizing agent for said permit, and the variance or alternate may be authorized upon a finding that the general public and adjacent property owners will be equally protected thereby. However, no person shall be entitled to any such variance or alternate as a matter of right, and approval thereof shall be strictly discretionary with the reviewing authority. In the absence of written approval of such variance or alternate, the requirements and standards set forth in this chapter shall be strictly adhered to.

All design and construction of drainage facilities hereafter implemented within the town shall comply and be in conformance with that certain publication known as, "Town-Wide Storm Drainage and Flood Control Study, Phase 1" prepared by AN West Inc. dated May 2007, and "Town-Wide Storm Drainage and Flood

Control Study, Phase 2" prepared by AN West Inc. dated December 2008 and its appendices. This shall include, but not be limited to, rainfall criteria, runoff, facility sizing, and all other engineering criteria included in these documents. (Ord. 566 § 1, 1972: Ord. 402 § 6(I), 1963)

(Ord. No. 916, § 8, 10-6-2009; Ord. No. 951, § 2, 7-21-2015)

The determination and finding of the director denying or granting any permit (either with or without conditions), or approving or disapproving any requested variance or alternate, shall be final and conclusive as to all facts, conditions and science involved in and pertinent to such action, unless an appeal is taken as set forth in Section 15.20.070(a). A failure to take such appeal or an acceptance of a conditional permit, will constitute approval by the applicant or permittee of all such determinations and findings. (Ord. 402 § 6(J), 1963)

(Ord. No. 916, § 8, 10-6-2009)

The town shall not be responsible for any damage to persons or property by reason of the inspection or reinspection authorized in this chapter or failure to inspect or reinspect, nor by reason of the terms or conditions of the permit issued nor by reason of the approval or disapproval of any construction.

(Ord. 402 § 7(A), 1963)

(a)

Any person who violates any term or provision of this chapter is guilty of a misdemeanor and upon conviction thereof, is punishable as provided in Section 1.04.010. Nothing contained in this chapter shall be construed to limit the power of the town to use all other legal or equitable remedies against any person who violates any items or provision of this chapter. The building inspector shall not issue any building permit for a structure on a site where grading is in progress in violation of this chapter.

(b)

Any person violating any of the provisions or failing to comply with any of the requirements of this chapter, including those that have been adopted by reference herein, shall be subject to administrative citation and fines as set forth in Chapter 9.05 of Title 9 of this code.

(Ord. 402 § 7(C), 1963; Ord. No. 1007, § 16, 6-15-2021)