Modesto Municipal Code Art. 3 Grading and Erosion Control

(a) Except as provided by Section 5-10.302, it is unlawful for any person to (1) grade, fill, excavate, store or dispose of three hundred fifty (350) cubic yards or more of soil or earth material; or (2) clear and grub more than one-half (.5) acre of land within the City without a grading and erosion control permit. A separate permit is required for work on each site unless sites are contiguous, have the same ownership, and are included in the approved plan. Any determination by the Director as to whether a permit is required may be appealed pursuant to the provisions of Section 5-10.710.

(b) All construction or development activity including clearing, grading or excavation that requires a grading/erosion control permit shall be undertaken in accordance with all requirements of this chapter.

(c) The remedies for any violation of this article are set forth in Articles 5 and 7 of this chapter.

(Ord. 3355 § 1, effective 10-8-04)

(a) A Grading and Erosion Control Permit shall not be required to (1) grade, fill, excavate, store or dispose of less than three hundred fifty (350) cubic yards of soil or earth material; or (2) clear and grub less than one-half (.5) acre of land within the City; or (3) for the grading, filling, excavating, storing, disposing, or clearing and grubbing for:

(1) Swimming pools, basements, or footings of structures if authorized by a valid building permit;

(2) Underground utilities;

(3) Mining or quarry operations, if a use permit has been granted by the City;

(4) Refuse disposal sites permitted by the Federal, State, and local governmental agencies;

(5) The production of planted agricultural crops.

(b) A Grading and Erosion Control Permit shall not be required for, and the provisions of this chapter shall not apply to, grading, filling, excavating, storing, disposing, or clearing and grubbing for situations where, in the determination of the Director, there is a clear and imminent danger to life or property, or threat of loss of services for which there is an overriding public concern. The Director may, at the time of granting such exemption, impose appropriate conditions. Such exemption must be requested from the Director and approved in writing prior to the commencement of any activity regulated by this chapter.

(c) Notwithstanding the provisions of subsection (a) of this section exempting specified activities from the otherwise applicable permit requirements, the activities described in subsection (a) of this section shall be subject to the standards and requirements of this chapter. Any building permit issued in connection with the activities described in subsection (a) of this section or in connection with any building permit issued for a single family residence on an individual lot regardless of size may be conditioned on compliance with the standards and requirements of this chapter. Any inspections required pursuant to this chapter or any other chapter of Title 9 of this Code shall include a determination of compliance with the purpose of this chapter.

(Ord. 3355 § 1, effective 10-8-04)

The application for a Grading and Erosion Control Permit shall be filed in the office of the City Engineer, and on a form provided by the City and submitted with such information as is prescribed by the City Engineer, including the following:

(a) The name, address and telephone number of the applicant and the applicant's engineer;

(b) The address and parcel number of the location for which the permit is sought;

(c) A copy of all entitlements granted for the property by the City, including conditions of approval and the environmental documentation;

(d) A copy of the submitted NOI for the site and Waste Discharge Identification number, if applicable;

(e) A local SWPPP conforming with the requirements of Section 5-10.204;

(f) Plans conforming with the requirements of Section 5-10.304;

(g) Specifications conforming with the requirements of Section 5-10.305 if the Director expressly requires this information;

(h) Right of entry conforming with the requirements of Section 5-10.306;

(i) Fees conforming with the requirements of Section 5-10.307;

(j) The City Engineer may require other information as necessary to fulfill the intent of this chapter.

(Ord. 3355 § 1, effective 10-8-04)

Plans shall be prepared by a civil engineer in conformance with the City of Modesto's Erosion and Sediment Control Standard, and Specifications for Construction Activities and shall include, but are not limited to, the following:

(a) A vicinity map indicating the site location and significant geographic features;

(b) A site delineation map indicating boundary lines of the property and each lot or parcel into which the site is proposed to be divided;

(c) The location of on-site and surrounding watercourses and wetlands, existing and proposed drainage systems, and drainage area boundaries and acreages. Additional hydrologic analysis shall be provided as required by the Director;

(d) The location of existing and proposed roads and structures on the site, and on adjacent property;

(e) Accurate contours at two (2) foot intervals for slopes up to ten (10) percent, and five (5) foot intervals for slopes over ten (10) percent showing topography of existing ground and location of existing vegetation, including all oak trees, all other trees over six (6) inches in diameter measured at four and one-half (4.5) feet above the ground, groves of trees, and natural features such as rock outcroppings. Spot elevations will be required where relatively flat conditions exist. The spot elevations or contour lines shall be extended off-site for a minimum distance of fifty (50) feet, or one hundred (100) feet in flat terrain;

(f) Elevations, location, extent and slope of all proposed grading shown by contours, cross-sections or other means, and location of any disposal areas, fills or other special features to be included in the work;

(g) A statement of the quantity of material to be excavated, the quantity of material to be filled, whether such excavation or fill is permanent or temporary, and the amount of such material to be imported to or exported from the site;

(h) A delineation of the area to be cleared and grubbed;

(i) A statement of the estimated starting date, grading completion date, and when site improvements will be completed;

(j) The location, implementation schedule, and maintenance schedule of all erosion control measures and sediment control measures to be implemented or constructed prior to, during or after the proposed activity;

(k) A description of measures designed to control dust and stabilize the construction site road and entrance;

(l) A description of the location and methods of storage and disposal of construction materials;

(m) Any additional plans or control measures required by the Director.

(Ord. 3355 § 1, effective 10-8-04)

When required by the City Engineer, the following information shall be prepared and signed by a civil engineer, and submitted with the application for a Grading and Erosion Control Permit:

(a) Preparation of natural ground to occur prior to placement of fill, including provisions for removal of organic or deleterious materials;

(b) Quality control of native or imported fill material;

(c) Degree of compaction;

(d) Gradient of cut and fill slopes;

(e) Geotechnical engineering or engineering geology reports used in the development of the information in this section.

(Ord. 3355 § 1, effective 10-8-04)

Whenever any portion of the work requires entry onto adjacent property for any reason, the applicant shall obtain the written consent of the adjacent property owner or his or her authorized representative, and shall file a copy of such consent with the City Engineer before a permit for such work may be issued.

(Ord. 3355 § 1, effective 10-8-04)

(a) A fee shall be paid by the applicant to the City for plan checking and review, materials testing, site inspections, processing, permit issuance and other services performed by the Public Works Department, and Community and Economic Development Department in connection with the investigation of an application for, and administration of, a Grading and Erosion Control Permit. The fees for these services shall be set by resolution of the City Council in the amount of the actual costs incurred by the City based on the hourly rate of the personnel performing the services, including all overhead costs.

(b) Any applicant desiring a Grading and Erosion Control Permit shall pay a minimum deposit in an amount to be set by resolution of the City Council. This deposit shall be deducted from the permitting fees authorized in this section.

(c) The City Engineer shall not perform any services for an applicant if an amount owing is not paid within twenty-eight (28) days, until such time that all amounts owing and interest thereon is paid in full. The balance of fees owing shall be paid in full prior to permit issuance. In the event the actual costs do not exceed the minimum deposit amount, the City shall reimburse the applicant the difference between the deposit amount and the actual total charges.

(Ord. 3355 § 1, effective 10-8-04)

Grading and Erosion Control Permits, and amendments thereto, are subject to the requirements of the California Environmental Quality Act (CEQA). The applicant shall furnish a copy of the application to the City Engineer for preparation and processing of the appropriate environmental documents. The City Engineer is authorized to hold public hearings on Negative Declarations, Draft Environmental Impact Reports and Final Environmental Impact Reports prepared on applications for Grading and Erosion Control Permits, for the purposes of receiving comments from the public. The City Engineer shall not approve a Grading and Erosion Control Permit prior to considering the applicable environmental document and complying with the requirements of CEQA and City procedures for preparation and processing of environmental documents.

(Ord. 3355 § 1, effective 10-8-04)

The City Engineer shall review and approve, conditionally approve or deny Grading and Erosion Control Permit applications and improvement plans in accordance with the provisions of this chapter. Grading and Erosion Control Permit applications and improvement plans shall not be issued or approved if the City Engineer finds in writing that:

(a) The applicant has failed to provide sufficient or adequate plans, information or other data necessary to allow determinations respecting compliance with the provisions of this chapter or City specifications;

(b) The environmental review has not been completed, other provisions of this Code or of State law pertaining to environmental review have not been satisfied, or the activity will have significant adverse environmental impacts, which cannot be substantially mitigated. Where the activity will have significant impacts, the City Engineer may approve the permit in accordance with the provisions of this chapter and the California Environmental Quality Act of 1970;

(c) The proposed activity will violate provisions of this chapter, City specifications, or State or Federal laws, and such violation cannot be resolved by the imposition of conditions pursuant to Section 5-10.311;

(d) The proposed activity will adversely affect surrounding properties and public rights-of-way, the water quality of watercourses, or existing drainage; or

(e) Environmental mitigation proposed is inadequate.

(Ord. 3355 § 1, effective 10-8-04)

The Grading and Erosion Control Permit shall include but not be limited to a complete description of the activity for which it is issued, the property for which it is issued, the date of issuance and the date of expiration, and a description of any and all conditions upon which the permit has been issued. The permit shall be kept at the site during the activity for which the permit was issued. A Grading and Erosion Control Permit authorizes the permittee to undertake only that activity described in the permit and only on the property for which the permit is issued.

(Ord. 3355 § 1, effective 10-8-04)

The City Engineer may at the time of issuance of the Grading and Erosion Control Permit impose such conditions as are necessary to ensure compliance with this chapter, City specifications, or State or Federal laws. Such conditions shall be reasonably related to the public needs created by the proposed activity. Conditions to mitigate environmental impacts of the activity may also be imposed by the City Engineer.

(Ord. 3355 § 1, effective 10-8-04)

Any condition imposed pursuant to the provisions of Sections 5-10.310 and 5.10.311 shall be stated in the permit and served upon the applicant or permittee.

(Ord. 3355 § 1, effective 10-8-04)

A Grading and Erosion Control Permit shall be effective on the date of issuance, and shall remain in force for the period of time set forth in the permit, unless suspended or revoked by the City Engineer, or voluntarily relinquished by the permittee. Before the expiration of a permit, a permittee may apply for an extension of time in which to complete the activity. One (1) extension of not more than one (1) year may be granted by the City Engineer.

(Ord. 3355 § 1, effective 10-8-04)

A Grading and Erosion Control Permit shall not be transferable or assignable from one (1) person to another, unless approved by the City Engineer and the person to whom the permit is to be transferred agrees to comply with the requirements of the original permit and to any conditions imposed therein.

(Ord. 3355 § 1, effective 10-8-04)

The City Engineer may require proof of compliance with the current NPDES general construction permit in a form acceptable to the City prior to issuance by the City of any permit authorizing grading or construction, upon inspection of the construction site; during any enforcement proceeding or action; or for any other reasonable cause.

(Ord. 3355 § 1, effective 10-8-04)

The City Engineer shall deny an application for a Grading and Erosion Control Permit if any of the findings in Section 5-10.309 are made. Notice shall be served on the applicant, in writing with the reasons stated therefore, pursuant to the provisions of Section 1-6.205 of this Code.

(Ord. 3355 § 1, effective 10-8-04)

Any proposed changes in the activity authorized by the permit shall be submitted to the City Engineer for review. The permittee shall not undertake or allow activity to occur which does not conform with the plans or conditions of the original permit, unless approved by the City Engineer. The City Engineer shall review any proposed changes in the same manner and pursuant to the same standards as the original application.

(Ord. 3355 § 1, effective 10-8-04)

Requests for inspection of any site subject to the provisions of this chapter shall be made to the City Engineer at the following phases of activity. Such a request shall be made at least two (2) full business days in advance of the desired day of inspection.

(a) When the site has been cleared of vegetation and unapproved fill, and scarified, benched, or otherwise prepared and before any fill is placed; and the erosion control and sediment control measures to be implemented in this phase have been placed;

(b) When approximate final elevations have been established; drainage terraces, swales and other drainage devices have been graded and are ready for paving; berms have been installed at the top of slopes; and the erosion control and sediment control measures to be implemented in this phase have been placed;

(c) When work has been completed; slope planting established and irrigation systems installed, if required; and the erosion control and sediment control measures to be implemented in this phase have been placed;

The City Engineer, upon inspection of the site, shall notify the person or permittee (1) that the phase of work inspected is approved; or (2) what deficiencies, corrections or other work needs to be completed before approval of that phase.

(Ord. 3355 § 1, effective 10-8-04)

Notification to the City Engineer shall be required within twenty-four (24) hours following the failure of authorized measures to prevent erosion or sediment from leaving the construction site; the deposit of debris or material on adjoining property or public rights-of-ways; or the interference with any existing watercourses or drainage facilities.

(Ord. 3355 § 1, effective 10-8-04)

If activity is ceased on site for any reason for a period in excess of fifteen (15) calendar days, and before the activity being conducted under the permit is completed, all necessary steps shall be taken to prevent damage through erosion or sedimentation to adjoining properties or to the public rights-of-way or to any natural or artificial drainage blend into the adjacent terrain. The City Engineer shall be notified as soon as possible, but no later than fifteen (15) calendar days, after the cessation of work.

(Ord. 3355 § 1, effective 10-8-04)

After completion of work in accordance with and conforming with an approved permit, and delivery to the City of record plans and a grading plan as finally implemented, and payment of all fees, the City Engineer shall issue a certificate of completion.

(Ord. 3355 § 1, effective 10-8-04)

A Grading and Erosion Control Permit may be suspended if:

(a) The physical state of the property differs from the descriptions, plans or information furnished to the City Engineer in the permit application;

(b) The activity does not conform to the approved plans, grades, conditions or terms of the permit;

(c) The activity is in violation of this chapter, City specifications, or State or Federal laws;

(d) Any reports required to be submitted to the City Engineer have not been submitted;

(e) Any of the information contained in reports submitted to the City Engineer is in error; or

(f) Any of the permit conditions are violated.

(Ord. 3355 § 1, effective 10-8-04)

The City Engineer may suspend or revoke a Grading and Erosion Control Permit by issuing a notice of suspension or revocation, stating the reasons therefore, and serving same, upon the permittee. Upon suspension or revocation of a permit, in accordance with the provisions of this section, the permittee shall immediately cause all grading, filling, excavating, storing, disposing or clearing and grubbing to cease until written authorization is received from the City Engineer to proceed with the activity.

The permittee shall have twenty (20) calendar days after the date of service of the suspension or revocation in which to file an appeal in accordance with the provisions of Sections 1-6.501 et seq. If such an appeal is filed, the suspension or revocation shall remain in force and be effective until a final decision on the appeal is issued by the hearing officer.

If the City Engineer suspends a permit, such permit may either be reinstated or revoked by the City Engineer, depending upon whether the permittee corrects the grounds stated for the suspension in the notice issued by the City Engineer. If the permittee fails to remedy the grounds for suspension within a time period specified by the City Engineer, but in no event later than sixty (60) calendar days, the City Engineer shall revoke the permit.

(Ord. 3355 § 1, effective 10-8-04)

There are many ordinances and other laws applicable to activities permitted under this chapter which are not sought to be enforced under this permitting process. Such laws include, but are not limited to, building, floodplain management, and land development measures. The issuance of a Grading and Erosion Control Permit shall not be deemed to constitute a representation that the activity so permitted or the property upon which such activity is occurring complies with such other ordinances or other laws. Nor shall the existence of such an unrevoked permit be deemed to preclude any criminal or civil remedy for violation of such other ordinances or laws. The possession of a Grading and Erosion Control Permit shall not be deemed to relieve the holder of the requirement to apply for or obtain any other license or permit required by ordinance or statute.

(Ord. 3355 § 1, effective 10-8-04)