Monrovia Municipal Code Ch. 15.28 Grading and Erosion Control

The purpose of this chapter is to provide minimum standards to safeguard life, health, property and the public welfare by regulating and controlling the quality of materials used in, and the design, construction, location and maintenance of grading, and to implement measures to substantially reduce the potential for erosion and sedimentation damage within the city.

(`83 Code, § 15.28.010) (Ord. 85-11 § 1 (part), 1985)

(A) The provisions of this chapter shall apply to all grading within the city, unless specifically exempted under this section.

(B) If two or more pertinent limitations are not identical, those limitations shall prevail which provide the greater measure of safety to life, health, property or the public welfare and which are more restrictive upon the operations of the applicant, or which place upon the applicant the greater duty of providing safeguards both to the property being graded and to other property in the area. The permissive provisions of this chapter shall not be presumed to waive any limitations imposed by other ordinances of the city, state statutes or the requirements of other regulatory agencies.

(C) Neither the issuance of a permit under the provisions of this chapter, nor the compliance with the provisions of this chapter or with any conditions imposed in the permit issued under this chapter, shall relieve any person from responsibility for damage to other persons or property, nor impose any liability upon the city for damage to other persons or property.

(D) The provisions of this chapter shall not apply to any of the following:

(1) Work in a public street, alley or sidewalk or other public place regulated by Chapter 12.08;

(2) Mining, quarrying, processing or stockpiling of rock, sand, aggregate or clay, unless such work affects the lateral support of adjacent or contiguous property or structures;

(3) Depositing of rubbish or other material at any dump operated by the city or operated under a valid permit issued by the city;

(4) Excavation or filling of graves in property dedicated or used for cemetery purposes.

(`83 Code, § 15.28.020) (Ord. 85-11 § 1 (part), 1985)

Whenever the following words are used in this chapter they shall have the meanings indicated in this section:

ENGINEER. The City Engineer acting either directly or through properly authorized agents.

EXCAVATION. Any act by which earth, sand, gravel, rock or any other similar material is cut into, dug, scooped, quarried, bored, trenched, benched, uncovered, removed, displaced, relocated, or bulldozed and includes the conditions resulting therefrom; including any and all work associated with geotechnical investigations, soils investigations or any other subsurface investigation; any and all demolition activities covered by a building permit; and removal of or abandonment of underground storage tanks.

FILL. Any act by which earth, sand, gravel, rock or any other material is deposited, placed, pushed, dumped, pulled, transported or moved to a new location and includes the conditions resulting therefrom.

GRADING. Excavation or fill or any combination thereof and shall include the conditions resulting there from.

GRADING PERMIT. Any permit required by § 15.28.050.

PERMITTEE. Any owner, land occupier or contracting agent to whom a grading permit is issued.

SITE. A separate lot or parcel of land.

(`83 Code, § 15.28.030) (Ord. 85-11 § 1 (part), 1985; Ord. 2003-07, 2003)

The owner, land occupier, or other person in control of any property who orders, or causes land owned, occupied or controlled by him, or any land, to be graded, or knowingly permits the same, shall maintain in good condition and repair all retaining walls, cribbing, drainage structures, slope planting, sprinkler systems, berms, terracing and other protective devices, together with all fills, excavations and operations and conditions resulting therefrom.

(`83 Code, § 15.28.040) (Ord. 85-11 § 1 (part), 1985)

No person shall commence or perform any grading without having first obtained a grading permit from the Engineer. A separate grading permit shall be obtained for each site. One permit may cover both an excavation and any fill made with the excavated materials on the same site. For any grading that is to be performed, or for any unprotected graded surface that is to remain, during the period of October 15 to April 15, a separate erosion control permit is required.

(`83 Code, § 15.28.050) (Ord. 85-11 § 1 (part), 1985)

A grading permit shall not be required for the following exceptions, but in all other respects the provisions of this chapter shall apply:

(A) An excavation below finished grade for basements and footings of a building, swimming pool or underground structure authorized by a valid building permit;

(B) An excavation or fill authorized by a valid plumbing permit;

(C) Grading by or for a public agency or utility company when specifically exempted by the Engineer;

(D) Minor grading, less than 12 inches in depth, that will not redirect or concentrate existing drainage flows, and of negligible hazard, when specifically exempted by the Engineer.

(`83 Code, § 15.28.060) (Ord. 85-11 § 1 (part), 1985)

(A) An applicant for a grading permit shall first file an application there for in writing with the Engineering Department. Every such application shall:

(1) Give the name and address of the record owner(s) of the site;

(2) Give the name and address of the grading contractor;

(3) Give the legal description and street address of the site;

(4) State the purpose of the work;

(5) Identify and describe the work to be covered by the permit for which application is made;

(6) Be accompanied by a construction schedule which will show the estimated start and finish dates for every major element of work, including any required public improvements. The builder shall submit a revised schedule monthly, or as often as deemed necessary by the Engineer. Note: If the schedule indicates that any portion of the work is to be performed between October 15 and April 15 a separate erosion and sedimentation control permit may be required;

(7) Be signed by the permittee, who shall be responsible for the correctness of the work and for requesting the inspections required in this chapter;

(8) Be accompanied by plans and specifications, including: A map showing the present elevation of the land and the proposed elevations of the land after completion of the proposed grading; a plot plan showing the location of the grading boundaries, lot lines, neighboring public ways and sufficient dimensions and other data to show the location of all work; description of the type and classification of soil in Chapter 29 of the Uniform Building Code; details and location of proposed drainage structures, piping, walls and cribbing; and such other information that the engineer may require to carry out the purpose of this chapter. All plans shall bear the name of the person responsible therefor and shall be submitted to the Engineer in duplicate. Unless otherwise approved by the Engineer, all such plans and specifications shall be prepared by a registered civil engineer. Exception: The Engineer may waive the requirement for any or all plans and specifications if the information on the application is sufficient to show that the work will conform to the provisions of this chapter. This exception shall not relieve an applicant of any duty to comply with subdivision and zoning laws and ordinances, or any other ordinances or state laws which may be applicable;

(9) Be accompanied by a preliminary soil report prepared by a registered soils engineer, which shall be based on adequate test borings or excavations. The report may be waived if the available information as to the qualities of the soil satisfies the Engineer that no preliminary analysis is necessary.

(a) If the preliminary soil report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, than a soil investigation and report shall be required for each site. The soil investigation and report shall be prepared by a registered soils engineer. The report shall recommend corrective action which is likely to prevent structural damage to any structure to be constructed on the expansive soil.

(b) The soil investigation and report shall be approved if the Engineer determines that the recommended action will likely prevent structural damage to any improvement to be constructed. As a condition to the issuance of a building permit, the approved recommended action shall be incorporated in the construction of any improvement on the site.

(B) When an erosion and sedimentation control permit is required by § 15.28.050, the provisions of said permit shall supersede conflicting provisions of any other permit. The application shall be accompanied by plans and specifications prepared by a registered civil engineer. The plans and specifications shall describe in detail specific erosion and sedimentation prevention practices to ensure the effective control of soil losses within the tolerable limits prescribed in § 15.28.075. The developer shall be guided by the principles of erosion prevention described in the following subdivisions or by any other acceptable principles or practices.

(1) The erosion and sedimentation control plan should be fitted to the topography and soil class so as to create the least potential for soil loss. Maximum use shall be made of vegetation to minimize inevitable soil loss through land disturbing activity, such as:

(a) Natural vegetation should be retained wherever possible;

(b) Where inadequate natural vegetation exists, or where it becomes necessary to remove existing natural vegetation, temporary vegetation or mulching should be installed promptly to minimize inevitable soil loss and to ensure that soil losses are kept below the tolerable limits;

(c) Erosion control elements shall be implemented as soon as practical in the development process, except that the time elapsed shall not exceed 60 days after the cessation, termination or completion of grading, whichever comes first.

(2) Exposure of the soil through land disturbing activity should be held to the smallest practicable area and to the shortest practicable period of time consistent with maximum tolerable soil loss levels.

(3) Appropriate provision should be made to accommodate increased storm water runoff and consequent soil loss occasioned by changed soil and surface conditions during and after development. In addition to the use of vegetation and limitations on soil exposure as prescribed herein, such provisions may include but are not limited to:

(a) Scheduling permanent improvements such as streets, storm sewers, curb and gutters, and other features for control of storm runoff, before removing vegetative cover from the area;

(b) Installing and maintaining sediment basins, debris basins, desilting basins or silt traps to substantially reduce sediment from runoff water.

(C) Whenever an erosion and sedimentation control permit is required, a security deposit of $1,000 per acre for land within the limits of grading shall be required to guarantee that provisions of the permit are met. Any measures which are temporary and portable, such as sand bags and Visquine, may be deposited so as to not interfere with normal construction activity during dry weather. However, any necessary measures shown on the approved plan shall be in place during any storm event.

(1) If those erosion control measures shown on the plan are not in place within 24 hours of the prediction of a storm event by the U.S. Weather Service, the City Engineer may have such measures installed and charge any costs thereof against the security deposit.

(2) If any sedimentation does collect in the public right-of-way, it shall be cleaned up within 24 hours of the end of each storm event. Failure to do so may permit the City Engineer to have the street cleaned and charge any costs thereof against the security deposit.

(`83 Code, § 15.28.070) (Ord. 85-11 § 1 (part), 1985)

An average of five tons of soil loss per acre per year shall be deemed the maximum tolerable level of soil erosion during development. The universal soil loss equation shall be used in determining the average soil loss. The calculation shall be based on average anticipated losses during the period of development and one year following development.

(`83 Code, § 15.28.075) (Ord. 85-11 § 1 (part), 1985)

The application, and plans and specifications for a permit under this chapter shall be checked by the Engineer. Such plans may be reviewed by other departments of the city to check compliance with the laws and ordinances under their jurisdiction. If the Engineer is satisfied that the work described in the application and the plans filed therewith conform to the requirements of this chapter and other applicable laws and ordinances, and that the fee specified in § 15.28.090 has been paid, the Engineer shall issue a grading permit therefor.

(`83 Code, § 15.28.080) (Ord. 85-11 § 1 (part), 1985)

The applicant for a grading permit, under § 15.28.070, or an erosion and sedimentation control permit, under § 15.28.075, shall pay the following fees to the city:

(A) Plan check fee. Whenever a permit is required by this chapter, the applicant shall pay a fee established by Council resolution to defray the cost of engineering and plan checking. The plan check fee shall be paid at the time of filing the application for the permit.

(B) Inspection fee. The applicant shall pay a fee established by Council resolution to defray the cost of engineering and inspection. The inspection fee shall be paid at the time of issuance of the permit.

(C) If the permit is allowed to expire pursuant to § 15.28.100, the inspection fee shall be refunded, less any direct costs incurred by the city.

(D) If all improvements approved under the grading permit, including all public improvements, are not completed by the date shown on the construction schedule, then an additional inspection fee, equal to the actual cost to the city, shall be required. The amount of such additional fees shall be deducted from the security deposit.

(`83 Code, § 15.28.090) (Ord. 85-11 § 1 (part), 1985)

Every grading permit shall expire and become null and void if the work authorized by such permit has not been commenced within 60 days of the time shown on the construction schedule, or at such time that a revised construction schedule indicates that an erosion and sedimentation control permit is required pursuant to § 15.28.070; except that the Engineer may, if the permit holder presents satisfactory evidence that unusual difficulties have prevented work from being started or completed within the specified time limits, grant a reasonable extension of time on said permit; provided that the application for the extension of time is made before the date of expiration of the permit and an erosion and sedimentation control permit is obtained when required.

(`83 Code, § 15.28.100) (Ord. 85-11 § 1 (part), 1985)

The Engineer shall deny a grading permit in any case where the work, as proposed by the applicant, is likely to endanger any private or public property, result in the deposition of debris thereon, remove or reduce lateral support or interfere with any drainage course. Factors to be considered in making such findings shall include, but shall not be limited to possible saturation by rains, earth movement, runoff of surface waters, and subsurface conditions such as the stratification and faulting of rock, and nature and type of soil or rock. Failure of the Engineer to observe or recognize hazardous conditions or to fail to deny the grading permit shall not relieve the owner or his or her agent from responsibility for the condition or damages resulting therefrom, and shall not result in the city being responsible for the condition or damages resulting therefrom.

(`83 Code, § 15.28.110) (Ord. 85-11 § 1 (part), 1985)

(A) The Engineer shall, when requested, make the inspections required in this section, and shall either approve that portion of the work completed or shall notify the permittee wherein the work fails to comply with this chapter. Where it is found by inspection that the soil or other conditions are not as stated or shown in the application, the Engineer may immediately order all work to cease until approval is obtained for a revised grading plan conforming to the existing conditions.

(B) Plans for grading work, bearing the stamp of approval of the Engineer, shall be maintained at the site during the progress of the grading work and until the work has been approved. The permittee shall notify the Engineer in order to obtain inspections in accordance with the following schedule and at least 24 hours before said inspection is to be made:

(1) Initial inspection. When the permittee or his agent is ready to begin work on an excavation or fill;

(2) Rough grading. When all rough grading has been completed;

(3) Special structures. When excavations are complete for retaining and crib walls and when reinforcing steel is in place and before concrete is poured;

(4) Final inspection. When all work, including slope planting and installation of drainage and other structures has been completed.

(C) Compaction of fills which were approved by the engineer in accordance with § 15.28.180 shall be inspected by a registered soils engineer. A report prepared and signed by said soils engineer shall be submitted to the Engineer upon completion of the work and shall include the following:

(1) A contour map showing the original and finished surfaces of the areas filled, unless such map has previously been filed as part of the application for the grading permit;

(2) The foundation bearing values recommended for the compacted fill;

(3) A description of the materials used in the fill and the procedure of deposit and compaction, including the preparation of original ground surface before making the fill;

(4) A plan showing the location of tests made in the fill together with a tabulation of compaction test results;

(5) A statement that all work was done in conformance with the provisions of this chapter.

(`83 Code, § 15.28.120) (Ord. 85-11 § 1 (part), 1985)

If at any stage of the work the Engineer determines that the nature of the formation is such that further work, as authorized by an existing grading permit, may expose to risk any property or public way, the Engineer may immediately order all work to cease, and require as a condition to allowing further work to be done, that such reasonable safety precautions be taken as considered advisable by the Engineer. Special precautions may include but shall not be limited to a flatter exposed slope, construction of additional drainage facilities, slope planting, sprinkler systems, berms, terracing, compaction or cribbing.

(`83 Code, § 15.28.130) (Ord. 85-11 § 1 (part), 1985)

If, upon final inspection of any excavation or fill, it is found that the work authorized by the grading permit has been satisfactorily completed in accordance with the requirements of this chapter, and any other requirements imposed, the Engineer shall so certify. Such certification is required before any building permit may be granted.

(`83 Code, § 15.28.140) (Ord. 85-11 § 1 (part), 1985)

The Engineer shall have the power to revoke such certification whenever the work is found to have been materially extended or altered without obtaining necessary permits from the city or that any of the work included in the grading permit has not been maintained in good condition and repair as specified in § 15.28.040.

(`83 Code, § 15.28.150) (Ord. 85-11 § 1 (part), 1985)

(A) Insurance. Whenever in the hilly or mountainous areas of the city, any grading is proposed for the establishing, enlarging, or changing of building sites, roadways, yards, drainage facilities or other improvements, the developer shall be required to provide public liability insurance in such amounts as the City Council, upon the advice and recommendation of the Engineer, or in such instances as involve a hearing before the Planning Commission, upon the advice and recommendation of the Planning Commission and Engineer, may find to be reasonably necessary to protect persons and property which may be damaged by rain, floods, the flow of mud or debris, earth slides, and similar forces and events, caused by or contributed to by the excavation, fill or grading. Said liability insurance shall be provided by the developer for a period of one year after a notice of completion of work done under this chapter has been approved by the City Council.

(B) Insurance certificate. A certificate of insurance as required in division (A) of this section, issued by a corporation authorized to do insurance business within the state, which certificate shall provide that the insurance thereby represented will not be canceled, reduced, or allowed to expire, shall be filed with the city before any permits under this chapter may be issued or authorized. All such insurance certificates shall be submitted to the City Attorney for approval before acceptance by the city. Said insurance shall insure to the benefit of any and all persons or property injured as a result of water or drainage damage, the flow of mud or debris, or earth slides, resulting from or contributed to by such excavation, fill or grading. The certificate shall designate the city as additional insured.

(C) Insurance policy. The policy of insurance shall be submitted which fully describes coverages and exclusions.

(`83 Code, § 15.28.160) (Ord. 85-11 § 1 (part), 1985)

(A) No excavation shall be made which creates any exposed surface steeper in slope than one and one-half horizontal to one vertical. The Engineer may require an excavation to be made with a cut-face flatter in slope if the Engineer finds that the material in which the excavation is to be made is unusually subject to erosion, or if other conditions warrant a flatter slope for stability and safety.

(B) Excavations shall not extend below the angle of repose, or natural slope, of the soil under the nearest point of any footing or foundation of any building or of the soil under the nearest point of any footing or foundation of any building or structure, unless such footing or foundation is first properly underpinned or protected against settlement in a manner satisfactory to the Engineer.

(C) No cut slope shall be constructed over 30 feet in height unless the Engineer has been furnished satisfactory evidence by a qualified geologist or soils engineer that such slope will be stable. If the soil structure so requires, as determined by the Engineer, terraces not less than five feet in width shall be constructed in all cut slopes at the rate of one terrace for each 20 feet of height (or portion thereof) above 20 feet.

(`83 Code, § 15.28.170) (Ord. 85-11 § 1 (part), 1985)

(A) No fill shall be made which creates any exposed surface steeper in slope than two horizontal to one vertical. The Engineer may require a fill to be constructed with an exposed surface flatter in slope if such flatter slope is determined to be necessary for stability and safety.

(B) Unless otherwise approved by the Engineer, no fill shall be made with materials other than clean soil or earth.

(C) No fill slope shall be constructed over 30 feet in height unless the Engineer has been furnished satisfactory evidence by a qualified geologist or soils engineer that such slope will be stable. Terraces not less than five feet in width shall be constructed in all fill slopes at the rate of one terrace for each 20 feet of height (or portion thereof) above 20 feet.

(D) All fills intended to support buildings or structures, or where otherwise required by the Engineer to be compacted for stability of material, shall be compacted, inspected and tested in accordance with the following provisions:

(1) All timber, logs, trees, brush, objectionable amounts of vegetable matter and other rubbish shall be removed from the site, so as to leave the area free from all debris. All soft, spongy or other unsuitable matter shall be removed to a depth required to produce a stable subgrade.

(2) The subgrade surface shall be scarified to a depth of at least six inches, if necessary to free the surface from ruts, hummocks or other uneven features which would tend to prevent uniform compaction by the equipment to be used.

(3) Where fills are made of slopes greater than one vertical to five horizontal, steps or benches shall be cut in the original ground before filling operations begin. The design of such steps or benches shall be subject to review and approval by the Engineer.

(4) The prepared surface shall be compacted in the same manner and to the same degree as required for the fill material.

(5) The fill material shall be placed in layers having a maximum compacted thickness of six inches. Compaction shall be by sheepsfoot roller or other approved method.

(6) The moisture content of the fill material shall be controlled at the time of spreading and compaction to obtain the required maximum density.

(7) The fill material, after compaction, shall have a minimum density of 90%, as determined by the Modified AASHO Soil Compaction Test, or other approved testing method.

(8) A written report of the compaction as specified in § 15.28.120 shall be submitted to the Engineer for review and approval.

(E) The Engineer may request additional test information, or may modify or delete any of the above provisions, if the site conditions or materials so warrant. However, in no case shall the Engineer approve a slope steeper than that called for in this chapter without the Planning Commission first finding that the steeper slope would lead to an improvement in the overall quality of the development. A steeper slope may be permitted only if two reports prepared by registered soils engineers concur that minimum factors of safety exist for both surficial and gross stability. The cost of both reports shall be borne by the developer.

(`83 Code, § 15.28.180) (Ord. 85-11 § 1 (part), 1985)

Retaining walls or cribbing shall be constructed in accordance with the provisions of the Building Code and shall be used whenever necessary to prevent the surface of any excavation or fill from exceeding the maximum allowable slopes set forth in this chapter.

(`83 Code, § 15.28.190) (Ord. 85-11 § 1 (part), 1985)

(A) Adequate provisions shall be made to prevent any surface waters from damaging the cut face of an excavation or the sloping surface of a fill. All drainage provisions shall be of such design as to carry surface waters to the nearest practical street, storm drain or natural watercourse approved by the Engineer as a safe place to deposit and receive such waters, or to permit the flow of surface waters onto adjoining property in its normal manner, direction, location and volume. The Engineer may require such drainage structures or facilities to be constructed or installed which, in the opinion of the Engineer, are necessary to prevent erosion damage and to satisfactorily carry off surface waters.

(B) Where pads or terraces are constructed, surface drainage shall not be permitted to sheet flow over the lower slope. Such drainage shall be carried laterally across the pad or terrace. When required by the City Engineer, terraces shall be paved.

(`83 Code, § 15.28.200) (Ord. 85-11 § 1 (part), 1985)

All fill slopes shall be planted with approved ground cover, unless specifically exempted by the Engineer. In addition, the Engineer may require planting with approved ground cover for any cut slope to improve stability or to reduce erosion and runoff. In all cases where slope planting is required, approved sprinkler systems shall be installed to adequately water such planting. A landscape and irrigation plan shall be submitted to the Development Review Committee for approval.

(`83 Code, § 15.28.210) (Ord. 85-11 § 1 (part), 1985)

Whenever the Engineer determines that any construction activity or site condition has become a hazard to life, safety, usability or stability of a public way, the owner of the property upon which such excavation or fill is located, or other person in control of said property, upon receipt of notice in writing from the Engineer, shall immediately repair or reconstruct such excavation or fill so that it will conform to the requirements of this chapter or otherwise repair, reconstruct, strengthen or eliminate such hazard and charge the cost of doing so against the security deposit. The city shall not be responsible for any additional costs that accrue to the developer as a result of its action to correct an unsafe condition.

(`83 Code, § 15.28.220) (Ord. 85-11 § 1 (part), 1985)

The Planning Commission shall consider appeals from the provisions of this chapter or from the determinations of the Engineer in the manner specified in Chapter 2.52 of this code.

(`83 Code, § 15.28.230) (Ord. 85-11 § 1 (part), 1985)

Plans and specifications for grading which, in the opinion of the engineer, are of sufficient size or importance, and all plans, specifications and reports of compacted fill designed to support a building or other structure, shall be retained in the office of the City Engineer.

(`83 Code, § 15.28.240) (Ord. 85-11 § 1 (part), 1985)

Any person, firm or corporation, whether as principal, agent, employee, or otherwise, violating or causing the violation of any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable as provided in § 1.16.010 of this code. Such person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed or continued by such person, firm or corporation and shall be punished as provided in this section.

(`83 Code, § 15.28.250) (Ord. 85-11 § 1 (part), 1985)