Hillsborough Municipal Code Ch. 15.24 Grading

The purpose of this chapter is to prevent soil erosion, protect public and private drainage systems, and to otherwise protect the public health, safety and welfare.

(Ord. 617 § 1 (part), 2001)

The following definitions and constructions apply to this chapter:

A. The singular number includes the plural, and the plural includes the singular. The masculine gender includes the other genders.

B. "Grading" means excavating or moving material as defined in subsection (D) of this section and includes, without limitation, digging up, scraping, leveling, uprooting, scarifying, tunneling, blasting, altering, filling, moving on site or trucking in or out of any quantity of material. The amount or volume of grading referred to in this chapter includes all possible combinations of the operations as mentioned herein.

C. "Ground" means the normal, undisturbed contour and elevation of the native ground and its natural verdure of trees, shrubs, brush, grass, etc., before any alterations required or intended for construction or landscaping purposes.

D. "Material" means any dirt, soil, rock, sand, rubble, debris or any fill material which by its moving, removal or importation can change the natural contour of the ground.

(Ord. 617 § 1 (part), 2001)

A. Grading falls into three categories as follows:

Notwithstanding the foregoing, no grading permit or city council approval shall be required for any of the town's own projects, construction, or work.

B. In calculating amounts, the amount of material to be removed (whether removed from the site or kept on the site but in another location) and the amount of material to be added (whether obtained off-site or obtained elsewhere on the site) shall all be included in the total amount. For example, if one thousand cubic yards of material are to be removed from one side of a lot and relocated to the opposite side of the lot, the total amount of material for purposes of subsection (A) above is two thousand cubic yards (one thousand cubic yards removed + one thousand cubic yards added).

C. Any required grading permit shall be issued concurrently with, and not until, the issuance of any building permit required for the same project, construction or work; provided, however, that in the event that pending building permit requirements will not affect proposed grading plans, the city engineer may approve issuance of the grading permit separately from, and in advance of, the issuance of the building permit.

(Ord. 617 § 1 (part), 2001)

A. Application for all grading permits shall be filed with the city engineer on the form provided by the town and shall include the following information:

1. Name, address and signature of the applicant;

2. Name, address and phone number of the contractor; name and phone number of the twenty-four-hour emergency contact (contractor's representative);

3. Purpose for which the grading permit is requested;

4. A complete map of the property (showing all property lines) on which the grading is proposed to be done (which may, at the applicant's discretion, be incorporated into the grading plan described in subsection (5));

5. A grading plan prepared by a registered civil engineer, showing the existing and proposed topography with the proposed cuts and fills and giving elevations, cross sections and/or profiles of the work in accordance with standard practice and to the satisfaction of the city engineer. The grading plan shall contain a certificate to be executed by the soils engineer or geologist that the grading plan incorporates the recommendations and conclusions of the soils report prepared according to Section 16.24.010(C);

6. Erosion sediment control plan;

7. Schedule of proposed activities, including, but not limited to, the time within which the grading is to be commenced after the granting of the grading permit and time when the grading is to be completed;

8. The manner in which the material is to be removed from the site and the proposed route over the public streets and over private property in transporting any material;

9. Security in a form and amount satisfactory to the city engineer as necessary to safeguard the public health and safety from any adverse effects of the grading;

10. Certificate of insurance indicating compliance with Section 15.24.050;

11. At the discretion of the city engineer, a geotechnical report, if one has not already been submitted with the building permit application;

12. Such further information as the city engineer may require.

B. For Category 3 grading, the applicant shall also comply with the applicable requirements of the California Environmental Quality Act (CEQA).

C. At the time of filing the grading permit application, the applicant shall pay a grading plan review fee to cover the town's costs of processing the application and at the time the grading permit is to be issued, the applicant shall pay a grading permit fee to cover the town's costs of monitoring the grading operation. The grading plan review fee and grading permit fee shall be in amounts as set by the city council from time to time by resolution.

D. If the applicant wishes to be excused from any requirement of this chapter, the applicant shall follow the procedure set forth in Chapter 1.24 Exceptions From Requirements.

(Ord. 625 § 4 2001; Ord. 617 § 1 (part), 2001)

The applicant for a grading permit shall deposit a certificate of insurance (showing liability insurance coverage and indemnification of the town, its elected and appointed officials, officers, employees and members of the public), to be maintained during the life of the grading permit, from one or more insurance companies authorized by the State Insurance Commission to offer insurance in the state of California, and stating that such policy(ies) shall not be canceled or reduced without thirty days prior written notice provided to the town.

(Ord. 617 § 1 (part), 2001)

A. Unless earlier revoked pursuant to Section 15.24.100, a grading permit shall be valid for one year from date of issuance; provided, however, that any period during which the permit is suspended, as set forth in Section 15.24. 100, shall not count as part of the one year period.

B. A Category 2 or Category 3 grading permit may be extended for one additional year if the request for extension is submitted to the city engineer prior to the expiration of the grading permit and so long as the extension is consistent with any CEQA requirements and with any approvals or conditions given or imposed upon the project by the Architecture and Design Review Board. An additional grading permit fee shall be payable for such extension. In the event that a grading permit is extended pursuant to this subsection (B), subsection (F) below shall apply to such extended permit in the same fashion as to the original permit.

C. Subject to the provisions of subsection (E) of this section, the amount of grading permitted under a Category 2 grading permit may be increased if the request for increase is submitted to the city engineer prior to the expiration of the grading permit and so long as the increase is consistent with any CEQA requirements and with any approvals or conditions given or imposed upon the project by the Architecture and Design Review Board. An additional grading permit fee shall be payable for such increase. In the event that a grading permit is increased pursuant to this subsection (C), subsection (F) below shall apply to such increased permit in the same fashion as to the original permit.

D. If the requested extension under subsection (B) or requested increase under subsection (C) would not be consistent with applicable ADRB approvals or conditions or CEQA requirements, the applicant shall apply for a new grading permit following all procedures for a new permit, including, without limitation, the procedures under Section 15.24.040 (including, without limitation, paying another grading plan review fee and grading permit fee) and, if applicable, under Section 15.24.070.

E. If the requested increase in amount would cause the total material (counting both the original amount and the amount of the increase) to fall into the Category 3 definition or if the requested increase in amount applies to an already existing Category 3 grading permit, the applicant shall apply for a new, Category 3 grading, permit for the total amount of material (counting both the original amount and the amount of the increase) following all procedures for a new permit, including, without limitation, the procedures under Section 15.24.040 (including, without limitation, paying, another grading plan review fee and grading permit fee) and under Section 15.24.070.

F. In the event that grading is started but thereafter ceases (prior to completion) for a period of at least thirty consecutive days, the permit shall, at the discretion of the city engineer and upon written notice to the permittee, be deemed to have expired as of the date of such written notice, and the security provided pursuant to Section 15.24.040 shall be drawn upon as necessary to safeguard the public health and safety from any adverse effects of the grading.

(Ord. 617 § 1 (part), 2001)

A. No Category 3 permit shall be issued unless it has first been approved by the city council following a public hearing.

B. Notice of a public hearing on an application for a Category 3 permit shall be given as set forth in Chapter 1.20 pursuant to the provisions for Type A notice. (The costs of notice are included in the grading plan review fee.)

C. The city engineer shall investigate the facts set forth in the application for a Category 3 permit and shall make a written report of his or her investigation and recommendations to the city council.

D. In granting, conditionally granting or denying an application for a Category 3 permit, the city council shall consider the city engineer's report, as set forth in subsection (C) above, together with the proposed grading's:

1. compliance with applicable laws, regulations and policies;

2. compatibility with the site and the neighborhood;

3. effect upon the neighborhood;

4. impact on the public health, safety and welfare.

(Ord. 617 § 1 (part), 2001)

Any grading permit issued pursuant to this chapter is issued subject to the conditions set forth in this section. Failure to comply with these conditions shall be grounds for suspension or revocation of the grading permit as described in Section 15.24.100.

A. All vehicles transporting material over the public streets of the town shall comply with state and local weight limits and shall travel directly over the route(s) approved by the city engineer or city council, as the case may be, and no where else.

B. Grading shall be done in accordance with the approved plans and the geotechnical report, if any, and with the conditions set forth in this section and on the grading permit.

C. All grading for which the city engineer has required a geotechnical investigation shall be supervised, during the placement and compaction period, by an engineer licensed and qualified on the subject of soil mechanics. The geotechnical engineer shall certify such grading work upon completion of the job, and the permittee shall provide such certification to the city engineer.

D. Cut or fill slopes shall be treated as required by the city engineer to prevent erosion. The jobsite shall comply with all federal, state, county and town requirements for prevention of discharges into the storm water system.

E. No dust, mud, excess earth or debris in the area affected by the jobsite shall at any time be allowed to become a nuisance or danger.

F. Any material spilled or deposited on any public street or place from any vehicle or conveyor transporting material shall be immediately removed in a manner satisfactory to the city engineer and at the expense of the permittee.

G. The hours of work for grading or related work shall be Monday through Friday between the hours of eight a.m. and five p.m. and Saturday between the hours of ten a.m. and five p.m., excluding any day when the office of the Hillsborough city clerk is closed for observance of a holiday. If there is any inconsistency between the hours of work provisions of Chapter 8.32 and those of this subsection (G), the latter shall control. Nothing in this subsection shall be deemed to override or contradict the noise level provisions of Chapter 8.32, however.

H. Any other conditions imposed by the city engineer in the city engineer's discretion as he or she deems necessary or advisable for the protection of the public health, safety and welfare.

(Ord. 617 § 1 (part), 2001)

At any time during the term of the grading permit, any officer or employee of the town is authorized and shall be permitted to be on site (at the jobsite or along the route over which material is transported) to monitor compliance with the provisions of this chapter.

(Ord. 617 § 1 (part), 2001)

A. Upon recommendation of the city engineer, if the city council deems it necessary for the public health, safety and welfare, the city council may suspend any grading permit granted under this chapter pending a hearing for the revocation of such permit. No activity under the grading permit may be taken once the permit has been suspended. Activity may resume, under such terms as the city council may impose, only following the revocation hearing and only if the permit is not revoked as a result of that hearing.

B. A grading permit issued under this chapter may be revoked by the city council, after a public hearing, if the council deems revocation necessary for the public health, safety and welfare or if the council determines that any part of the grading permit application was fraudulent. The permittee shall be notified in writing of the time and place of the hearing and of the reasons for the proposed revocation. Such notice shall be sent at least five days before the hearing, by certified U.S. mail, return receipt requested, postage prepaid, at the permittee's address as shown on the application for the grading permit or, at the discretion of the city engineer, at a more current address of the permittee. Provided that a copy of the mailed notice was posted at the job site at least five days before the hearing, notice shall be deemed to have been given even if postal officials are unable to locate the addressee and deliver the mailed notice.

(Ord. 617 § 1 (part), 2001)

A. Upon receipt of an application for emergency exception and after consultation with the member of the city council who is the liaison for the city engineer's office, the city engineer may grant an exception to any requirement of this chapter if, in the judgment of the city engineer, such exception is required to avoid a serious and immediate threat to public health, safety and welfare.

B. If the city engineer grants an exception pursuant to this section, he or she shall promptly make written findings explaining the basis for the exception and shall provide a copy of the application, findings and decision to each member of the city council and to each owner of a lot adjacent (as that term is defined in Chapter 1.20) to the lot to which the exception applies.

(Ord. 617 § 1 (part), 2001)

All activities undertaken pursuant to this chapter shall comply with the current NPDES (National Pollutant Discharge Elimination System) permit under which the town operates (the terms of which permit are incorporated herein by reference) and with any amendment, revision, or reissuance thereof. The current NPDES permit is on file in the office of the city clerk.

(Ord. 625 § 5, 2001: Ord. 617 § 1 (part), 2001)