Mono County Municipal Code Ch. 13.08 Land Clearing, Earthwork and Drainage Facilities

The purpose of this chapter is to set forth regulations for the control of clearing, drainage interference, earthwork and erosion control which includes the prevention of erosion or any other damage to off-site property. These regulations apply to all persons or groups of persons not specifically exempted herein.

(Ord. 73-438 § 1, 1973.)

In addition to those definitions given in Chapter 1.04, for this chapter the following words and phrases shall have the meanings given in this section:

A. "Bedrock" means the relatively solid undisturbed rock in place either at the ground surface or overlain by unconsolidated material;

B. "Clearing" means the removal of vegetation;

C. "Department" means the department of public works;

D. "Director" means the director of the department or his duly authorized representative;

E. "Excavation" means a condition of the land resulting from removal by human action of rock or soil from its natural location;

F. "Fill" means rock or soil deposited by human action;

G. "Geologist" means engineering geologist, geophysicist or such other persons having expertise in soil science and related fields;

H. "Grading" means the physical movement of earth, rock of vegetation by human action;

I. "Owner" means the fee simple owner, any easement holder, licensee, or person claiming a property interest in the property on which work subject to this chapter is planned, where the applicant represents that the property interest encompasses and allows the type of work sought to be performed pursuant to the permit.

J. "Project engineer" means the civil engineer responsible for the design and/or construction supervision for the project; may also be the soils engineer;

K. "Quarry" means any premises or site from which any rock, sand, gravel, stone, earth, soil or mineral is excavated, processed and removed for disposition away from the immediate premises, whether the disposition is immediate or delayed except:

1. Excavation necessary for the construction of a building on the site of the excavation if permits for grading and construction have been issued, and

2. Excavation necessary to bring the contour of the land within an approved subdivision to the grades shown on the improvement plan which has been approved by the public works department;

L. "Relative compaction" means the density of the material in place compared to the maximum density as determined using the California Division of Highway's standard test procedures;

M. "Rock" means any consolidated or coherent and relatively hard natural formed mass of mineral material;

N. "Soils" means all the relatively loose incoherent earth material of whatever origin which overlies the bedrock;

O. "Soils engineer" means a registered civil engineer licensed by the state, experienced in soil mechanics, who is responsible for the supervision of work outlined in this chapter;

P. "State specifications" means the current Standard Specifications of the State Business and Transportation Agency, Department of Public Works, Division of Highways;

Q. "Test procedures" means testing and control procedures, as modified from time to time, in use by the State Department of Public Works, Division of Highways, shall be the standard test procedures for work performed under this chapter. The county may perform tests, and in case of conflict with the tests performed by others, the tests performed by the county shall be final.

(Ord. 73-438 § 2, 1973.)

(Ord. No. 09-03, § 1, 9-15-2009)

Permits as required by this chapter will be granted only to the owner of the property on which the work is planned. A separate permit will be required for work on each site unless the sites are contiguous and the entire area is included in the plans accompanying the application. Sites separated by an existing public road are not considered contiguous.

(Ord. 73-438 § 3(A), 1973.)

No person shall:

A. Perform any land clearing, grading, drainage interference or alterations without first having obtained a permit from the department. Grading permits shall not be required for the following work:

1. Clearing of an area of land which does not exceed ten thousand square feet,

2. Excavation for foundations, basements, cesspools, septic tanks and swimming pools for which a permit (except use permit) has been issued by a county department,

3. Quarry excavations for which a permit has been granted by the county,

4. Excavation for a trench that is to be backfilled to original ground surface,

5. Excavations for installation of underground storage tanks for oil, gasoline and water where the capacity of the tank does not exceed ten thousand gallons,

6. Cemetery graves,

7. Excavation for mine shafts, wells or tunnels for utilities,

8. Embankments made in connection with earth- filled dams regulated by the State Division of Water Resources,

9. Improvement of creek channels and construction of drainage, irrigation and domestic water supply channels and electric water supply channels performed under the supervision of any agency of the federal government,

10. Excavations of less than two hundred cubic yards and not exceeding four feet in maximum depth with slopes conforming to the requirements of this chapter and two feet or more from any adjoining property,

11. Fills less than three feet in maximum height above the original ground surface, which are placed on natural terrain with a slope flatter than five horizontal to one vertical, which do not exceed two hundred cubic yards, with slopes conforming to the requirements of this chapter, and two feet or more from any adjoining property,

12. Subdivision improvements that are to be offered for dedication for which improvement plans have been approved by the department,

13. Logging operations to the extent that they are otherwise controlled by the Forest Practice Act. It is encouraged, however, that access roads constructed for logging operations comply with this chapter,

14. Public utilities for normal maintenance and operation work conducted within easements reserved for public utility purposes,

15. Agricultural grading, leveling, land preparation and irrigation for agricultural uses and tillage practices, such that these operations do not become a public nuisance,

16. Clearing of an area of land for fuel management purposes within thirty feet of a building or structure or within one hundred feet of a building or structure on property located in the Antelope Valley of Mono County, provided that the clearing is done in accordance with best management practices approved by the director of the department of public works. The exemption created by this subsection shall not apply on land having a slope of ten percent or greater, on land located within thirty feet of a water body, including, but not limited to, a river, stream, creek, pond, or lake, within a riparian or wetland area, within an area where special status species have been identified, on lands identified as a deer use area or sage grouse habitat, or where an archaeological site has been determined. A grading permit shall be required for such work;

B. Excavate, grade or place fill material on or within any property so that soil or debris washed, eroded or moved from the property by natural or artificial means creates a public nuisance or hazard on other property, public road, street or utility easement;

C. Obstruct, divert or interfere with natural or artificial surface drainage, swales, ditches, gutters or other improved or unimproved drainage channels or drainage ways except for construction or operations approved by the department or concerned special district.

(Ord. 08-05 § 1, 2008; Ord. 83-438-A § 1, 1983; Ord. 80-488 § 2, 1980; Ord. 73-438 § 3(B), 1973.)

Application shall be submitted on the form provided by the department.

(Ord. 73-438 § 9(A), 1973.)

Site data shall be submitted with the application and shall include but not be limited to the following items:

A. Vicinity map showing location of the site involved;

B. Map showing property boundaries and dimensions of area covered by application for permit;

C. Plan showing buildings, roads, utilities or other improvements within the area and adjacent thereto that may be affected by the proposed work;

D. A plan drawn at a scale that adequately shows the details of terrain and drainage, for the conditions existing before and after the proposed work. The use of a scale that does not show the details may be cause for rejection of the application. The plan shall show contours and the limiting dimensions and elevations within the limits of the graded area on completion of the work; the proposed drainage channels and facilities; the planned elevations, grades and slopes of excavations and embankments. This plan shall show the location of observed springs, swampy areas, areas subject to flooding, landslides, surface faults and mud flows. Elevations shall be based on USGS datum, unless waived by the director;

E. Cross-section of the ground showing both original and proposed ground surfaces, with grades, slopes and elevations noted;

F. A soils report including a general description of the earth and rock materials involved in the work as to classifications; bedding or other geological features; any other reports by soils engineer or geologist on the test borings; slide conditions existing or anticipated; the suitability of the material for its proposed use including data on expansive soils; recommendations for construction procedure to obtain required stability and relative compaction.

(Ord. 73-138 § 9(B), 1973.)

Unless incorporated in the site data or waived by the director, the following data in duplicate shall be furnished:

A. Statement regarding the control of construction methods and materials in the work including:

1. Provisions for control of grading operations, including person responsible for staking the project,

2. Safety methods to be followed, including traffic control where necessary,

3. Control of dust,

4. Proposed hours and days of equipment operation,

5. Other related matters;

B. Plans and details of walls, cribbing, slope protection facilities and planting. Structural work may require building permits;

C. Method for the removal and disposal of excess material.

(Ord. 73-438 § 9(C), 1973.)

Grading in, on, under, over or adjacent to old fills, swamp, marsh lands or in areas known or believed to be potential slide areas shall not be permitted until a report by a soils engineer has been submitted to and reviewed by the director. If area has expansive soils, a report shall be submitted by the soils engineer for director review. The reports shall certify that the proposed construction will be stable within itself and will not be hazardous to any adjoining property or to any public road, utility or other facility. Any recommendations presented in the report regarding material, equipment or procedures to be incorporated in the construction or operation to insure adequate stability and safety may be included as a condition in the grading permit.

(Ord. 73-438 § 9(D), 1973.)

When requested by the director, the applicant shall furnish additional engineering, geologic and legal reports, plans or surveys and other material necessary to determine and evaluate site conditions and the effect of the proposed work on abutting properties, public ways and public welfare and safety.

(Ord. 73-438 § 9(E), 1973.)

When completed application, accompanying plans and other required data is received, the director shall review the application. One copy of the plans with comments by the director will be returned to the civil engineer. The necessary changes shall be made to the drawing and the original returned to the director for review and signature. A sepia copy of the signed original shall be returned to the project engineer.

All survey maps, engineering plans and reports submitted shall be prepared and signed by persons licensed by the state under Chapters 7 and 15 of Division 3 of the Business and Professions Code.

(Ord. 73-438 § 10, 1973.)

A. Except as provided in subsection B of this section, persons applying for permits under this chapter shall pay a fee in an amount set by resolution of the board of supervisors, not to exceed the county's cost of administering this chapter.

B. No fee shall be required where the land clearing takes place on land that has been declared by any state, federal, or local government agency to be a disaster area or subject to a state of emergency, provided that the public works director determines that the land clearing activities are related to mitigating the effects of the disaster or emergency.

(Ord. 08-05 § 2, 2008: Ord. 00-02 § 3, 2000: Ord. 82-417-B § 2, 1982: Ord. 73-438 § 11, 1973.)

The director, before issuing a permit, may require the applicant to furnish a bond, either cash or corporate surety at the option of the applicant, in a form satisfactory to and approved by the district attorney in the sum of one hundred percent of the estimated cost of the total work including a ten percent contingency conditioned on the faithful performance of the work within the time specified or within any extension thereof granted by the director. The bond shall obligate the principal, his executors, administrators, successors and assigns jointly and severally and the surety, to the county for the faithful performance of the work required.

The director may additionally require the applicant to furnish a corporate surety bond in a form satisfactory to and approved by the county counsel in an amount sufficient to insure the performance of the obligations set forth in section 13.08.160 of this chapter to defend, indemnify, and hold the county harmless as provided therein.

(Ord. 73-438 § 12(A), 1973.)

(Ord. No. 09-03, § 2, 9-15-2009)

Whenever the director finds that a default has occurred in the performance of any terms or conditions of any permit, written notice of the default shall be given to the owner at his address as given in his application. When a surety bond has been posted, the surety shall also be given a copy of the notice of default. The notice shall state the work to be done to achieve a safe and satisfactory condition, the estimated cost and the period of time deemed reasonably necessary by the director to complete the work. Should the owner fail to perform the work set forth in the notice within the specified time, the director shall claim the surety bond or the cash and take the action necessary to complete the work. When the work is completed to the director's satisfaction, he shall determine the county's costs in having the work performed. This cost shall be deducted from any funds remaining, and the balance shall be returned to the surety, or the owner in case of a cash deposit.

(Ord. 73-438 § 12(B), 1973.)

In the event of default in the performance of any term or condition of the grading permit, the surety or any person employed or engaged on its behalf and/or the director or his duly authorized representative shall have the right to go on the property to complete and inspect the required work.

(Ord. 73-438 § 12(C), 1973.)

The term of each bond (cash or surety) shall begin on the date of its posting and shall end on the satisfactory completion of the terms and conditions of the permit. Completion shall be evidenced by a certificate of completion filed by the director, and the receipt of the "as built plans" from the project engineer. If no changes were made during construction, the project engineer shall submit a letter so stating.

(Ord. 73-438 § 12(D), 1973.)

Approval of grading permits will be made subject to the appropriate conditions or reservations required to assure construction and to protect public health, safety and general welfare.

The owner shall execute a hold harmless clause on the permit which shall read as follows: "The Permittee for himself, his contractors and employees agrees to save, indemnify, and hold harmless the County or its representatives from all liabilities and claims for damage to property from any cause whatsoever while in, upon or in any way connected with the work covered by this grading permit, and does further agree to defend, indemnify, and hold harmless the County in any claim arising out of, or as a result of the work done under this permit or the issuance of this permit."

Applications and plans found inadequate or not in compliance with this chapter will not be approved until revised to conform to the conditions and regulations prescribed under this chapter. Rejection of the application or plans based on insufficient or inadequate plans shall not preclude the applicant from submitting revised plans in connection with the pending application. Applications shall be considered pending until a grading permit is issued, application denied or withdrawn. The application shall expire one year from the date of its filing.

(Ord. 73-438 § 13, 1973.)

(Ord. No. 09-03, § 3, 9-15-2009)

The grading permit will be issued when all fees are paid and all bonds necessary to meet the requirements of this chapter are posted.

(Ord. 73-438 § 14, 1973.)

One set of approved plans and accompanying documents including the permit or copy thereof shall be kept available for reference at the job site during construction. A copy of the permit shall be posted securely in a conspicuous location on the premises.

(Ord. 73-438 § 15, 1973.)

All proposed changes in the planned work shall be submitted to the director for approval before any change from the approved work is begun. The director may amend the grading permit to allow changes to the plans. Failure to obtain prior approval for any change in the work shall be cause for suspension of all work until approval is obtained or corrective measures taken. Unauthorized changes may result in revocation of the grading permit if they are deemed to cause an increased hazard to adjoining properties, public roads or otherwise to be detrimental to public welfare.

(Ord. 73-438 § 16, 1973.)

Before the expiration of a grading permit, the permittee may apply for an extension of time in which to complete the work.

A. Extension of time may be granted by the director if in his judgment conscientious effort has been made and the public welfare is not impaired. The extension shall be for a period the director deems appropriate but not longer than one year. Such extension may include conditions the director deems appropriate for the balance of the work.

B. Written consent of surety to any extension of time and change in conditions shall be furnished before approval is effective.

(Ord. 73-438 § 17, 1973.)

The transfer of a grading permit from the permittee to another person shall be subject to approval of the director. The person to whom the grading permit is transferred shall agree to comply with the requirements of the original permit and to any modification or conditions that may be required because of changes in the conditions of the site or change in plans since the permit was issued. The transferee shall furnish the required bonds before the transfer of the grading permit will be approved.

(Ord. 73-438 § 18, 1973.)

A grading permit may be suspended, revoked or declared to be in default for any of the following reasons:

A. Conditions at the site indicate a variance from or noncompliance with the approved plans, grades or other conditions of the grading permit; or

B. When cessation of work before completion has left the site in a condition hazardous to the public or to the adjacent properties;

C. The permittee does not comply with reasonable requirements to safeguard workmen, the public, or other persons acting in a lawful manner during construction operations; or

D. In transporting materials or in the operation of equipment in connection with the operations for which the permit was issued, the permittee causes materials or litter to encroach, obstruct or be deposited on pavement or in drainage channels, or causes unauthorized obstructions or diversion of drainage channels within the site area, or violates any other section, hereto related, included in the laws of the state.

(Ord. 73-438 § 19(A), 1973.)

On issuance of a written notice to stop work or of the suspension of the grading permit, the permittee shall immediately cause all work connected therewith to stop. The stop work order shall remain in force until the objectionable condition, hazard or encroachment has been corrected and provisions to prevent reoccurrence have been made. The director shall give written notice to the permittee of the removal of the stop work order.

(Ord. 73-438 § 19(B), 1973.)

Whenever a permit has been revoked, work on the site shall not begin again until the necessary revisions in plans or methods of operation required to fulfill the intent of this chapter have been approved by the director. All bonds in effect at the time of revocation shall remain effective until the requirements of the grading permit have been fulfilled. If the permittee refuses to abide by the requirements of the permit, the director shall exercise his right as outlined in Sections 13.08.120—13.08.150 to correct the reasons for the revocation.

(Ord. 73-438 § 19(C), 1973.)

The director or his authorized representative shall have the right to enter upon the property at any time to inspect the conditions of the site; the methods of operation; and to check or test any feature or operation involved in fulfilling the conditions of the grading permit.

(Ord. 73-438 § 20(A), 1973.)

When frequent or continuous inspection during construction is deemed necessary by the director, the permittee shall have a qualified soils engineer furnish continuous supervision and inspection of the work including all the necessary field tests during the operation. The soils engineer shall certify in writing that the grading, drainage provisions, slope stability, erosion prevention methods and methods of placing, stabilizing and compacting fills was performed under his supervision and in accordance with the requirements of the permit. The soils engineer's certificate shall also state the recommended soil bearing capacity for the site.

(Ord. 73-438 § 20(B), 1973.)

In case of conflict between the director and the soils engineer, the director's decision shall be final.

(Ord. 73-438 § 20(C), 1973.)

In addition to the specific requirements of the grading permit, the permittee shall comply with all laws, ordinances and regulations of the state and county including the regulations of the State Department of Industrial Relations, Industrial Accident Commission Occupational Safety and Health Act relating to the character of the work, equipment and labor personnel involved on the project.

(Ord. 73-438 § 21, 1973.)

If operations under the grading permit are within five hundred feet of residential or commercial occupancies, grading operations shall be limited to the hours between six a.m. and eight p.m. daily with Sunday operations prohibited, except that maintenance and service work on equipment may be performed at any time.

(Ord. 73-438 § 22, 1973.)

Encroachment of operation on public rights-of-way without a permit from the road commissioner is prohibited.

(Ord. 73-438 § 23, 1973.)

Operations shall be controlled to prevent nuisances because of dust, drainage, removal of natural support of land and structures, encroachment, noise and vibrations.

(Ord. 73-438 § 24, 1973.)

Blasting or other use of explosives shall be subject to regulation by the board and the State Fire Marshal.

(Ord. 73-438 § 25, 1973.)

The director shall issue a certificate of completion on satisfactory completion of work under an approved grading permit. The certificate shall be recorded in the office of the county recorder.

A set of plans showing all changes made during construction, labeled "as built plans," shall be submitted to the department by the project engineer within sixty days of the issuance of the certificate of completion. If there were changes, a letter shall be submitted so stating. The bonds will not be released until the "as built plans" or the letter have been received.

(Ord. 73-438 § 26, 1973.)

Clearing or grading may be prohibited by the director during the months in which adverse weather conditions may preclude compliance with these requirements.

(Ord. 73-438 § 27, 1973.)

The department may direct a permittee to postpone or terminate all clearing, grading or drainage interference operations when, in the judgment of the director, injury may occur to the surrounding property. Such direction shall be confirmed in writing.

(Ord. 73-438 § 28, 1973.)

Drainage facilities, erosion and pollution control devices shall be provided to convey surface waters to a natural channel or watercourse or to a storm drainage facility without causing erosion, damage or pollution. This may also include off-site facilities.

(Ord. 73-438 § 29(A), 1973.)

Where evidence indicates that the presence of surface or subsurface waters may contribute to sliding or settlement of the land either in its natural state or as a result of grading operations, the director may require construction or installation of facilities to collect the waters and convey them to an acceptable point of discharge. This may also include off-site facilities.

(Ord. 73-438 § 29(B), 1973.)

Should any springs, aquifers or other sources of underground water be discovered during the grading operation, all grading in the area shall be discontinued until provisions are made to remedy the condition. The project shall be redesigned to accommodate the additional waters.

(Ord. 73-438 § 29(C), 1973.)

Slope surfaces of excavation and embankment shall be protected from erosion by revegetation and/or other means that will reduce the runoff velocities.

(Ord. 73-438 § 29(D), 1973.)

Sites shall be sloped to prevent ponding and to provide flow to the drainage facilities.

(Ord. 73-438 § 29(E), 1973.)

Excavation slopes shall not be steeper than two horizontal to one vertical. The director may approve a steeper slope provided that a report prepared by a soils engineer indicates that this will not constitute a hazard. If an adjacent foundation or structure may be in danger because of the excavation, a flatter slope may be required.

(Ord. 73-438 § 30(A), 1973.)

Material encountered that is unsuitable for the planned use shall be removed and replaced with suitable material.

(Ord. 73-438 § 30(B), 1973.)

Top of the excavation slope shall not be closer than two feet to the nearest property line.

(Ord. 73-438 § 30(C), 1973.)

The area on which fill is to be placed shall be cleared of all vegetation such as trees, logs, stumps, roots, brush and heavy growth of grass and any other objectionable material such as debris, metal and nonearthen materials which cannot be properly consolidated or will not support the load of the fill and/or structures. The cleared area shall extend two feet outside the area to be filled.

(Ord. 73-438 § 31(A), 1973.)

The ground area on which any fill is to be constructed shall be compacted to a minimum relative compaction of ninety percent throughout the top six inches.

(Ord. 73-438 § 31(B), 1973.)

Fills to be constructed on existing ground slopes that are steeper than five horizontal to one vertical shall be keyed into the existing slope by benches excavated in the existing ground. The excavated material together with the fill material shall be recompacted to a relative compaction of ninety percent. The width of the benches for keying new fills into existing slopes shall be at least six feet. The construction operation shall be such that a slip plane is not created between the original ground and the fill.

(Ord. 73-438 § 31(C), 1973.)

The slopes of a fill shall not be steeper than two horizontal to one vertical except where a soils engineer indicates that steeper slopes may be constructed and maintained safely.

(Ord. 73-438 § 32(A), 1973.)

The top and bottom of fill slopes shall be so located that no portion of the fill slope will be closer than three feet to any adjacent property line; however, retaining walls may be used to prevent the fill from encroaching onto the adjoining property.

(Ord. 73-438 § 32(B), 1973.)

Fill or backfill of earth and rock shall be placed and compacted pursuant to Section 19 of the state specifications except that the required compaction shall be ninety percent.

(Ord. 73-438 § 32(C), 1973.)

When a soils engineer is required by Section 13.08.260 to inspect the fill construction, the report of the inspection and testing shall be furnished to the director without charge. Sufficient field tests shall be taken to determine the density of the ground and embankment material but shall not be less than one test in each two feet of vertical lift of fill. The absence of test reports, or inaccuracy or inconsistency in test reports shall be cause to reject the construction. The certification of completion shall not be issued until the tests and reports are satisfactory to the director.

(Ord. 73-438 § 32(D), 1973.)

Any person performing work without a permit or in violation of these regulations shall receive a written order from the department citing the violations and listing remedies to be undertaken within forty-eight hours at the owner's expense to be in compliance with this chapter.

Upon failure of the person to comply within forty-eight hours with any written order of the department made under these regulations, or to make satisfactory progress in so doing, the county may proceed pursuant to Section 13.08.440 to enjoin violations of this chapter.

(Ord. 73-438 § 4, 1973.)

The director shall administer this chapter. The director is authorized to issue bulletins to interpret or clarify the administration and technical details of this chapter.

(Ord. 73-438 § 5, 1973.)

Any person aggrieved by a decision of the director under the provisions of this chapter may, within ten days after the rendering of such decision, file a written appeal with the clerk of the board. Such appeal shall be set for hearing by the board within fifteen days thereafter, and shall be heard within thirty days. The board may affirm, affirm with modifications or reverse the decision of the director.

(Ord. 73-438 § 6, 1973.)

In addition to any other remedy or punishment, upon order of the board, the district attorney shall bring an action in the superior court of the county under the provisions of Code of Civil Procedure Section 525 et seq. to enjoin violations of this chapter.

(Ord. 73-438 § 7, 1973.)

Penalty shall be as prescribed in Section 1.12.010 of this code. (Ord 73-438 § 8, 1973.)

This chapter is enacted pursuant to the provisions of Section 11525 of the Business and Professions Code, laws of the state.

(Ord. 73-438 § 34, 1973.)