§ 12.10

This chapter shall be known as the "Town of Los Gatos Grading, Erosion and Sediment Control Ordinance" and may be so cited.

(Code 1968, § 36.01.010)

The purpose of this chapter is to promote and protect the public interest by regulating land disturbances, landfill and soil storage in connection with the clearing and grading of land for construction. The intent of this chapter is to establish administrative procedures, minimum standards of review and implementation and enforcement procedures for the protection and enhancement of the water quality of watercourses, water bodies and wetlands, natural and manmade, by controlling erosion, sedimentation, increases in surface runoff and related environmental damage caused by construction-related activities, and to ensure that the intended use of a graded site is consistent with the Town general plan, and any specific plans adopted thereto and applicable Town ordinances. This chapter applies only to private property.

(Code 1968, § 36.01.015)

When used in this chapter, the following words shall have the meanings ascribed to them in this section:

Agricultural operation means any land related activity for the purpose of cultivating or raising plants or animals or conserving or protecting lands for such purposes when conducted on agriculturally zoned lands when such activity is not determined by the Town Engineer to be surface mining, borrow pit operations, preparation for construction, construction of any structure for human occupancy, potentially hazardous, or likely result in excessive erosion or sedimentation.

Applicant means any person, corporation, partnership, association of any type, public agency or any other legal entity who submits an application to the Town for grading or landscaping.

Bedrock means the solid undisturbed rock in place either exposed at the ground surface or beneath superficial deposits of loose rock or soil.

Bench means a relatively level step excavated into sloping natural ground on which engineered fill or embankment fill is to be placed.

Civil engineer means a professional engineer registered as a civil engineer by the State.

Compaction means the increase of density of a soil or rock fill by mechanical means.

Cut. See excavation.

Depth of excavation (cut) means the vertical dimension from the exposed cut surface to the original ground surface.

Depth of fill means the vertical dimension from the exposed fill surface to the original ground surface.

Embankment. See fill.

Engineering geologist means a registered geologist certified as an engineer geologist by the State.

Engineering geology means the application of geologic knowledge in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.

Erosion means the wearing away and transporting of earth material as a result of the movement of wind, water or ice.

Excavation (cut) means the removal of naturally occurring earth materials by mechanical means, and includes the conditions resulting therefrom.

Existing grade means the elevation of the ground surface at a given point prior to excavating or filling.

Expansive soil means any soil which exhibits significant expansive properties as determined by a geotechnical engineer or the Town Engineer.

Fill (embankment) means the deposit of soil, rock or other materials placed by man and includes the conditions resulting therefrom.

Final erosion and sediment control plan means drawings showing a set of measures designed to control surface runoff and erosion and to retain sediment on a particular site after all other planned final structures and permanent improvements have been erected or installed.

Finish grade means the final grade of the site after excavating or filling which conforms to the approved final grading plan. The finish grade is also the grade at the top of a paved surface.

Geologic hazard means any condition in naturally occurring earth materials which may endanger life, health or property. Geologic hazards include, but are not limited to: faults; existing or potential landslides, mudslides, or rock falls; weak, expansive or creeping soil; subsidence; earthquake induced shaking, ground movement, ground failure or liquefaction; and seiche or tsunami inundation.

Geotechnical engineer means a civil engineer registered by the State who is qualified in the field of soil mechanics and soil engineering.

Geotechnical engineering means the application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and may include the inspection, testing and construction thereof.

Grading means any land excavation, or filling or combination thereof, or the removal, plowing under or burial of vegetative ground cover.

Grading plan means a plan prepared in accordance with this chapter showing grading and related work.

Grading work means grading and related work, including, but not limited to, drainage improvements and erosion and sediment control.

Interim erosion and sediment control plan means drawings showing a set of measures designed to control surface runoff and erosion and to retain sediment on a particular site during the period in which pre- construction and construction-related land disturbances, fills and soil storage occur.

Keyway means a special backfilled excavation which is constructed beneath the toe area of a planned fill slope on sloping ground to improve the stability of the slope.

Land disturbance/land disturbing activities means any human activity moving or removing soil, or any soil protecting vegetation such as grass, brush, shrubs and trees.

Landfill means any human activity depositing soil or other earth materials.

Landscape architect means a landscape architect registered by the State.

Lot. See parcel.

Owner means the legal owner or the person shown as the legal owner of the property on the latest equalized assessment roll in the office of the County Assessor.

Parcel (lot) means land described as a lot or parcel in a recorded deed or shown as a lot or parcel on a subdivision map or parcel map on file in the County Recorder's office.

Permit means a written grading permit issued pursuant to this chapter.

Permittee means any person to whom a permit is issued pursuant to this chapter.

Rainy season means the period of the year during which there is a substantial risk of rainfall. For the purpose of this chapter, the rainy season is defined as extending from October fifteenth to April fifteenth, inclusively. The Town Engineer may establish alternate rainy season dates at the sole discretion of the Town Engineer.

Rough grade means the stage at which the grade approximately conforms to the approved plan. It is also the subgrade required for construction of a road or other paved surface.

Sediment means any material transported or deposited by water, including soil and debris or other matter.

Site means any lot or parcel of land or combination of contiguous lots or parcels of land, whether held separately or jointly together in common ownership or occupancy, where grading is to be performed or has been performed.

Slope means an inclined ground surface, the inclination of which may be expressed either as the ratio of horizontal distance to a unit vertical distance, or as a percentage determined by dividing the vertical distance by the horizontal distance.

Soil means all earth material of any origin that overlies bedrock and may include the decomposed zone of bedrock which can be excavated readily by mechanical equipment.

Terrace means a relatively level step constructed in the face of a graded slope surface for drainage, maintenance or other purposes.

Watercourse means any natural or manmade channel flowing continuously or intermittently in a definite direction and course and any basin used for the holding, delay or storage of waters, which functions at any time to convey or store stormwater runoff.

(Code 1968, § 36.01.020)

Cross reference— Definitions and rules of construction generally, § 1.10.015.

No person shall do or permit to be done any grading in such a manner that quantities of dirt, soil, rock, debris, or other material substantially in excess of natural levels are washed, eroded, or otherwise moved from the site, except as specifically provided for by a permit.

(Code 1968, § 36.02.020)

No person shall do or permit to be done any grading which may obstruct, impede or interfere with the natural flow of stormwaters, whether such waters are unconfined upon the surface of the land or confined within land depressions or natural drainageways, unimproved channels or watercourses, or improved ditches, channels or conduits, in such manner as to cause flooding where it would not otherwise occur, aggravate any existing flooding condition or cause accelerated erosion except where such grading is in accordance with all applicable laws, including but not limited to permit requirements.

(Code 1968, § 36.02.025)

Any proposed grading work which could result in a connection or discharge into or modification of the flow of a watercourse may, at the discretion of the Town Engineer, require a grading permit.

(Code 1968, § 36.02.030)

No person shall perform any grading work within the right-of-way of a public road or street, or within a public easement, without prior approval of the Town Engineer.

(Code 1968, § 36.02.035)

Whenever the Town Engineer determines that any grading on private property constitutes a condition which is a hazard to public safety, endangers property, adversely affects the safety, use or stability of adjacent property, or an overhead or underground utility, or a public way, watercourse or drainage channel, or could adversely affect the water quality of any water bodies or watercourses, the owner of the property upon which the condition is located, or other person or agent in control of the property, upon receipt of notice in writing from the Town Engineer shall, within the period specified therein, abate such condition and render the grading in conformance with the requirements of this chapter. The Town Engineer may require the submission of plans or soil or geological reports, detailed construction recommendations, or other engineering data prior to and in connection with any corrective or proposed work or activity.

(Code 1968, § 36.02.040)

Whenever the location of a property line or easement or the title thereto is disputed during the application process or during a grading operation, a survey by a licensed land surveyor or civil engineer or resolution of title all at the expense of the applicant may be required by the Town Engineer.

(Code 1968, § 36.03.030)

(a)

The permittee shall perform and complete all the work required by the permit within time limits specified in the permit. If the work cannot be completed within the specific time, a request for an extension of time setting forth the reasons for the requested extension shall be presented in writing to the Town Engineer no later than thirty (30) days prior to the expiration of the permit. The Town Engineer may grant additional time for the work.

(b)

If all the permit work required is not completed within the time limit specified in subsection (a) above, no further grading shall be done without renewing the permit. A written request for renewal shall be submitted to the Town Engineer who may require a new application and fees depending on the time between the expiration date and the renewal request, revisions in Town regulations, or changed circumstances in the immediate area. Any revised plan shall be submitted to the Town Engineer for review, and any costs thereof shall be at the applicant's expense.

(Code 1968, § 36.03.035)

Neither this chapter, nor any administrative ruling made under it, limits:

(1)

The power of the Town Council to declare, prohibit and abate a nuisance; or

(2)

The right of any person to maintain, at any time, any appropriate action for relief against any private nuisance, or for relief against any contamination or pollution.

(Code 1968, § 36.03.045)

Appeals from decisions pursuant to this chapter shall be made to the Town Council in writing setting forth the specific grounds thereto within ten (10) calendar days from the date of such decision.

(Code 1968, § 36.03.050)