Diamond Bar Municipal Code Div. 4 Brush and Vegetation

This division shall be known as the "brushing ordinance," and may be so cited.

(Ord. No. 14(1989), § 2(12.28.010), 6-27-89)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Natural vegetation means the native plants, grasses, shrubs and trees and roots thereof having the characteristic of intercepting, holding and more slowly releasing rainfall than bare earth surfaces.

Parcel or land means a contiguous quantity of land, in the possession of or owned by or recorded as the property of the same claimant or person.

Person means any individual, firm, copartnership, joint adventure, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.

Sloping terrain means any ground surface having a grade of eight percent or more. The latest available six and 7½ minute United States Geological Survey quadrangles or a survey by a registered civil engineer or licensed land surveyor shall be utilized to determine such grade.

(Ord. No. 14(1989), § 2(12.28.020(A)—(C), (E)), 6-27-89)

Cross reference— Definitions generally, § 1.00.070.

No person shall remove or destroy, or cause the removal or destruction of natural vegetation on sloping terrain within the city without first obtaining written approval from the city building official to do so.

(Ord. No. 14(1989), § 2(12.28.030), 6-27-89)

(a) Submittal of request; contents. Prior to the removal or destruction of vegetation regulated by this division, the owner or person in control of the land, or the agent or either, shall submit a written request to the city building official for approval to perform the work. Such request shall include a description of the property and be accompanied by a map showing the topography of the land and the location of any drainage courses; the location and extent of the proposed work; and details of the precautionary measures or devices to be used to prevent erosion and flood hazards, including if necessary, a drainage plan by a civil engineer showing routing of runoff, estimate of quantity and frequency of runoff, character of soils, and channel sections and gradients.

(b) Fee schedule. At the time of submitting the written request for approval, the applicant shall pay to the city building official a fee based on the area of land to be cleared of vegetation according to a table of fees as established from time to time.

(c) Issuance conditions. The city building official shall issue a written approval for all or a portion of the proposed work when he is satisfied that the performance of such work will not result in a flood or erosion hazard to this or other properties, the required fee has been paid, and the proposed work conforms with the requirements of other laws or ordinances. In granting any approval under this chapter, the city building official may attach such conditions thereto as are reasonably necessary to prevent a flood or erosion hazard. These conditions may include but shall not be limited to:

(1) A limitation on the time of year when the removal or destruction of vegetation is performed;

(2) A requirement that certain protective structures or devices be installed in or adjacent to drainage courses to control downstream transportation of silt or debris;

(3) The method to be used in the removal or destruction of vegetation and the sequence of such operation; and

(4) A requirement that the area cleared be replanted with approved plants to provide protection against erosion damage.

(Ord. No. 14(1989), § 2(12.28.050—12.28.070), 6-27-89)

The person to whom the written approval provided for in section 8.12.1440 is granted shall perform the work, including the installation of all precautionary measures or devices that may be required, in accordance with all terms and conditions of the approval and within the period of time stipulated therein, if so conditioned.

(Ord. No. 14(1989), § 2(12.28.080), 6-27-89)

Any person violating any of the provisions of this division shall be deemed guilty of a misdemeanor, punishable as provided in section 1.04.010.

(Ord. No. 14(1989), § 2(12.28.090), 6-27-89)

The provisions of this division shall not apply to, and written approval from the city building official is not required for:

(1) The removal or destruction of vegetation on land under one ownership or control if such removal or destruction is limited to an area not exceeding 2½ acres within any 12-month period.

(2) The removal or destruction of vegetation within 150 feet of a building or structure whose construction would require a permit under provisions of the building code or the provisions on small dams set out at chapter 11.62 of the county Code.

(3) The removal or destruction of vegetation by public utilities on rights-of-way or property owned by such utility, or on land providing access to such rights-of-way or property.

(4) The removal or destruction of vegetation on publicly owned rights-of-way for roads, highways, flood control projects or other similar or related uses.

(5) The removal or destruction by or for a public agency of vegetation from firebreaks used to control the spread of fire.

(6) The removal or reduction of vegetation by the county fire department, or by a person acting in compliance with a specific order of that department.

(7) Work performed under a grading permit issued under the provisions of the building code when the work includes precautionary measures to control erosion and flood hazards during the prosecution of such work.

(Ord. No. 14(1989), § 2(12.28.040), 6-27-89)

Should any exception to the provisions of the ordinance codified in this division be held invalid, such exception shall be eliminated from this division.

(Ord. No. 14(1989), § 2(12.28.100), 6-27-89)