Chapter 155 — GRADING

(A) The purpose of this chapter is to protect the public health, safety, property, general welfare, and aesthetics by regulating and establishing performance standards for all grading/clearing (including initial clearing, brushing or grubbing, and subsequent excavating or filling) on private and public lands.

(B) This chapter establishes grading/clearing performance standards and permit thresholds for all grading/clearing activities designed to:

• (1) Regulate the development of potentially hazardous terrain;

• (2) Conserve the general visual character of grading/clearing sites and settings;

• (3) Enhance the aesthetic value of new development;

• (4) Conserve the aesthetic value of surrounding properties;

• (5) Protect water quality;

• (6) Minimize adverse impacts on air quality;

• (7) Reduce propagation of noxious weeds; and

• (8) Minimize adverse storm water impacts.

• (Ord. 2004-006, passed 8-23-04)

For the purpose of this chapter only, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCESS ROAD. A road within one mile of the grading/clearing site, designated on the approved grading/clearing plan, and used, during grading/clearing, for the transport of grading equipment, hauling of fill and other equivalent vehicular traffic to and from the grading/clearing site.

AFFECTED AREA. Area to be disturbed by grading/clearing activities.

APPLICANT. The person, company, or corporation responsible for the managing and conducting of grading/clearing operations.

APPROVAL. Written notice by the City Engineer or Building Official or designees approving the design, progress, or completion of work.

APPROVAL AUTHORITY. The Building Official for minor grading/clearing permits and the City Engineer for major grading/clearing permits.

APPROVED PLAN. The most current grading/clearing sketch or grading/clearing plan, which bears the authorized signature of approval of the City Engineer or Building Official.

BERM. A mound or wall of earth used for landscaping purposes.

BLASTING. Any activity entailing the use of explosives for the purpose of producing an explosion to demolish structures or to fragment rock for mining, quarrying, excavation and construction.

BLASTING OPERATIONS. Blasting operations are herein defined to mean drilling and site preparation for blasting and detonation itself.

BORROW. Earth material acquired from an off-site location for use in grading/clearing a site. BRUSHING. The selective removal of vegetation.

CITY. City of Riverbank, including its duly authorized representatives.

CLEARING. The substantial removal of vegetation.

DEVELOPMENT. Any man made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. DIAMETER AT BREAST HEIGHT (dbh). A measurement of tree diameter taken between four and five feet from ground level.

DRAINAGE CONTROL SYSTEM. A method of containing or channeling storm water. EARTH MATERIAL. Any rock, natural soil or fill or any combination thereof.

EMERGENCY. An unforeseen combination of circumstances that calls for immediate action to preserve life or property.

ENVELOPE, BUILDING. The building footprint for all structures including all attached roof structures such as carports, covered patios and ramadas but excluding typical eave overhangs.

EROSION. The wearing away of the ground surface as a result of the movement of wind, water or ice. EXCAVATION. The removal of earth material by manual labor, mechanical equipment, blasting, or other such means.

EXPLOSIVES. Any substance, chemical compound, or mechanical mixture that is commonly used for the purpose of producing an explosion to fragment rock for mining, quarrying, excavation, and construction. Initiating devices (detonators, detonating cords, etc.) are also included under this definition.

FILL. The addition of earth material by manual labor, mechanical equipment, blasting, or other such means. FINAL INSPECTION. Field inspection conducted by the city prior to project acceptance or release of assurances if required.

GRADE. The vertical location of the ground surface.

GRADE, EXISTING. The actual current ground surface as naturally occurring formations or as altered prior to the date of adoption of this chapter.

GRADE, FINISHED. The final ground elevation, after all grading/clearing has been completed conforming to the approved grading/clearing sketch or plan.

GRADE, ROUGH. The stage at which grading substantially conforms to the approved grading sketch or plan in an unfinished state.

GRADING. The excavating or filling of a site.

GRADING/CLEARING PERMIT. An official document issued by the city authorizing the grading/clearing activity specified by the grading/clearing permit conditions.

GRADING/CLEARING PERMIT CONDITIONS. The specifications and requirements of the approved grading/clearing sketch or grading/clearing plan, grading/clearing statement, soils report or other documents necessary for grading/clearing permit approval.

GRUBBING. The removal of trees and other large plants by their roots.

INSPECTOR. A person authorized by the City Engineer or Building Official to perform inspection on grading/clearing work.

LAND USE ACTION. Includes any consideration for approval of a quasi-judicial plan amendment or zone change, any consideration for approval of a land use permit and any consideration of a request for a declaratory ruling (including resolution of any procedural questions raised in any of these actions).

MITIGATION. The general conditions of approval on an approved grading/clearing permit that rectify the impact by repairing, rehabilitating, or restoring the affected environment.

NOXIOUS WEEDS. Those species of plants that are considered harmful as listed by the Oregon Department of Agriculture.

PAVEMENT. Any impermeable surface.

RETAINING WALL. A wall designed to resist the lateral displacement of soil or other material, as defined in the current Uniform Building Code (UBC) code.

RE-VEGETATION. Placement of living plant material on sites or excavation and fill slopes where the natural vegetation has been removed.

RIGHTS-OF-WAY. That portion of land acquired for construction of a roadway and supporting utilities falling under the jurisdiction of public entities.

SETBACKS. The minimum required horizontal distance from a given point or line of reference.

SITE. Any lot or parcel of land, or contiguous combination of lots, parcels, and or easements under the same ownership or unified control.

SLOPE. An inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance or expressed as a percent of the change in elevation over a given distance.

SLOPE, EXPOSED. Any graded slope that is 3:1 or steeper.

SOIL. Unconsolidated sediments and deposits of solid mineral particles that have resulted from the disintegration of rock and can be excavated manually.

STABILIZATION. Treatment that reduces the potential for erosion or increases the structural strength of a graded area.

STOCKPILING. Temporary storage of earth materials.

STREAM. A year round flowing watercourse.

TERRACE. A relatively level step constructed in the face of a graded slope surface for drainage and maintenance

purposes.

VEGETATION. Any plant material including trees, brush, shrubs, grasses, etc.

(Ord. 2004-006, passed 8-23-04)

• (A) Scope. All grading/clearing activities shall be done in accordance with the provision of this chapter.

(1) All grading/clearing activities in the city shall conform to the performance standards as stated in § 155.04, unless exempted or a variance is obtained through the provisions of § 155.10.

(2) All grading/clearing as defined by the thresholds of divisions (B) and (C) of this section shall require a grading/clearing permit, except as exempted in division (D) of this section.

(B) Permit applicability.

• (1) Either a minor or major grading/clearing permit shall be required for the following actions:

• (a) Excavation or fill slopes exceeding two feet;

• (b) Alteration to or creation of slopes exceeding 10%;

• (c) An excavation or fill slope within two feet of the property boundary; and

• (d) Any excavation, fill slope or vegetation removal within riparian corridors is subject to regulations in the Floodplain Overlay Zone.

(2) A grading/clearing permit will not be required for grading/clearing activities approved in conjunction with the building and/or land use permitting processes, as those activities will be reviewed in conjunction with those permits. When grading/clearing activities are associated with a land use action or a building permit, information showing compliance with this chapter shall be submitted with those applications.

• (C) Permit types: minor and major grading/clearing permits.

• (1) Minor grading/clearing permit. Minor grading/clearing permits shall be obtained when activities are proposed to affect an area one acre or less pursuant to thresholds in division (B) above.

(2) Major grading/clearing permit. Major grading/clearing permits shall be obtained when activities are proposed to affect an area greater than one acre pursuant to thresholds in division (B) above.

• (D) Exemptions.

• (1) The following activities, while subject to all other applicable city ordinances and the performance standards listed in § 155.04 do not require a grading/clearing permit:

• (a) Excavation or fill not exceeding two feet or a finished graded slope less than 10%.

• (b) Normal and customary trenching/excavation for public and private utilities and public and private irrigation lines when the affected area is returned to the original grade.

• (c) Raised beds and landscaped berms that do not exceed four feet in height and are setback two or more feet from the property boundary.

• (d) Normal and customary excavation and fill associated with the ongoing maintenance activities on golf courses such as reconstruction of tee boxes, re-sculpturing of fairway bunkers and greens, etc.

• (e) Stockpiling of earth materials.

• (f) The addition of six inches or less of soil for normal customary landscaping.

• (g) Resurfacing or maintenance of an existing paved surface.

• (h) Excavation below finished grade for a foundation proposed in conjunction with a building permit or land use permit application.

• (i) Exploratory excavation under the direction of a soil engineer or engineering geologist provided all excavation is properly backfilled.

• (j) Underground utility installations and maintenance under a paved roadway surface or a continuously maintained unpaved roadway surface.

• (k) Grading/clearing for the maintenance of an existing private access road or driveway, provided either existed prior to adoption of, or was established in conformance with, this chapter.

• (l) Grading for an appurtenant access, public infrastructure maintenance, or utility easement.

• (2) The following activities while subject to all other applicable city ordinances do not require a grading/clearing permit and are exempted from this chapter:

• (a) Archaeological exploration conducted under state permit;

• (b) Removal of selected individual plants;

• (c) All other land uses exempt from local regulations under state and federal statutes;

• (d) Removal of trees on single family residential lots one acre or less;

• (e) Removal of flammable vegetation and combustible growth within 30 feet of a structure for fire safety;

• (f) Normal maintenance, pruning or limbing of trees;

• (g) Removal of noxious weeds;

• (h) Normal pruning, limbing and removal of trees and vegetation in the routine maintenance of public school

grounds, parks and trails that is not associated with preliminary grading or clearing for a development project;

• (i) Normal pruning, limbing and removal of trees and vegetation in the routine maintenance of golf courses and cemeteries that is not associated with preliminary grading or clearing for a development project; and

• (j) An emergency that immediately affects life or property.

• (Ord. 2004-006, passed 8-23-04)

• (A) Scope. All grading/clearing activities shall be done in accordance with this section.

• (B) Re-vegetation and stabilization of the affected area. All graded and or cleared areas including excavation and fill slopes shall be re-vegetated or stabilized in order to reduce erosion, dust and noxious weeds. When a permit is

issued, the re-vegetation or stabilization shall occur within the timeline established on the approved grading plan. (C) Fill. Fill greater than two feet for non-structural areas shall be compacted to a minimum of 90% of maximum dry density, as determined by the "Standard Proctor" method (American Society for Testing and Materials (ASTM) or American Association of State Highway and Transportation Officials (AASHTO)), or equivalent method approved by the City Engineer or Building Official.

• (D) Erosion and drainage control systems.

• (1) Permanent systems.

(a) Erosion control. Erosion control shall be designed, constructed, and maintained to prevent erosion of graded or disturbed areas that may result in off site sediment deposition.

• (b) Shoulders. The shoulders of a paved public or private roadway, pathways, trails and sidewalks shall be protected against erosion wherever curbing or constructed spillways are not provided.

(c) Surface drainage. All surface drainage created by proposed development or grading activities shall be contained on-site unless routed to an approved drainage facility. Excavation and fill slopes shall be provided with engineered surface drainage designed for stability and erosion protection of affected properties.

(d) Natural and existing drainage routes. Natural and existing drainage routes shall be shown on and planned for as part of the grading/clearing plan. The plan shall demonstrate that grading/clearing activities will have minimal impact on the existing water flow through the natural and existing drainage routes, except in instances where an approved surface water collection and disposal facility is incorporated into the grading/clearing plan.

(e) Subsurface drainage. Subsurface drainage measures for stability and protection of affected properties from water seepage may be required.

(2) Temporary systems. Approved temporary drainage control systems shall be provided in phased developments, during construction or when conditions warrant.

• (E) Import and export of earth material.

(1) All other required permits shall be obtained prior to importing or exporting of any earth material on any project requiring a grading/clearing permit.

• (2) During all required inspections, approved plans and permits must be available onsite.

(3) The transportation of earth material on public rights-of-way shall be in a manner that does not allow blowing soil and other hazards, in accordance with other state and local regulations.

• (F) Hours of operation.

(1) Grading equipment operation and maintenance shall be conducted in accordance with the requirements of the Riverbank Code Chapter 93, Noise.

(2) The City Manager may allow grading equipment operation or maintenance during other hours if such operations are not detrimental to public health, safety, or welfare.

(3) Permitted hours of operation or maintenance may be shortened by written notice, if the City Engineer finds a substantial adverse effect on the public health, safety, or welfare.

• (G) Restriction of vehicles.

• (1) No vehicles shall be driven over natural open space areas that have been designated on the applicant's approved grading/clearing sketch or grading/clearing plan except as vehicle use is included in the plan.

• (2) Points-of-entry to the site during grading/clearing shall be only as designated on the approved grading/clearing sketch or grading/clearing plan.

(3) For major grading/clearing permits, access roads to the site during grading/clearing shall be only as designated on the approved grading/clearing plan.

• (H) Dust control.

• (1) During grading/clearing, and until re-vegetation or stabilization has taken place; dust shall be minimized through application of approved dust control measures.

• (2) All grading/clearing activities must comply with all San Joaquin Valley Air Pollution Control District regulations for air quality, fugitive and visual emissions.

• (I) Additional requirements.

• (1) Public rights-of-way, sidewalks and other improvements shall be maintained by the permit holder during grading/clearing in a neat and clean condition, free of loose soil, construction debris, and trash.

(2) Debris, fill or equipment shall not be stored within a public right-of-way or emergency access routes.

(Ord. 2004-006, passed 8-23-04)

• (A) Minor grading permit applicant requirements. A person seeking a minor grading permit must:

• (1) Either be an owner of the real property to be graded or have a current, valid State of California Contractor License; and

(2) Make and execute to the city a surety bond in the sum of $10,000 conditioned on the faithful performance of all ordinances of the city relating to grading; on the prompt payment to the city of all fees for permits and licenses that may become due and owing to the city; the payment of all fines imposed for violation of this chapter during the life of the bond; and on indemnifying the city, its officers, agents and employees from any liability for damages arising from his/her negligence or un-skillfulness in doing, protecting and completing his/her work. The bond shall be in full force and effect for a period of one year after cancellation or completion of construction. This section shall not require a bond in addition to any bond already furnished to the city pursuant to Chapters 152 or 153.

(B) Scope. An application for a minor grading/clearing permit requires a completed grading/clearing permit application, grading/clearing sketch and grading/clearing statement. A survey stamped by a registered land surveyor is not required.

(C) Grading/clearing sketch requirements:

(1) The existing and proposed finished grade of the area to be graded based on spot elevations and two foot contour interval maps as applicable;

• (2) The extent of graded areas, delineated and labeled excavation or fill and, where structures are to be constructed:

• (a) The existing grade at the primary building corners and proposed finished floor elevations; and

• (b) The proposed building heights, shown to conform to the building height requirements.

• (3) The location of proposed mitigation measures, such as re-vegetation or retaining walls;

• (4) The exterior boundaries of the site;

• (5) Access roads and points-of-entry to the grading/clearing site, including gravel construction entrances;

• (6) The approximate location of all trees eight inches dbh and larger; and

• (7) Delineation of any areas to be preserved.

• (D) Grading/clearing statement. A written grading/clearing statement shall be submitted with an application for a grading/clearing permit. The statement shall include, where applicable:

• (1) A description of both temporary and permanent stabilization, erosion and drainage control measures;

• (2) Estimated start and completion dates;

• (3) A description of the dust control method to be used during grading/clearing and until re-vegetation or stabilization has been completed; and

• (4) A description of the tree protection standards to be implemented during construction.

(E) Documents preparation. Documents shall be prepared in accordance with city requirements.

• (F) Application.

(1) The grading/clearing permit application, grading/clearing sketch and grading/clearing statement shall be submitted for review to the Building Division of the City Community Development Department.

(2) The grading/clearing permit application shall be completed and is required to be signed by the property owner.

(3) Fees are payable to the city in accordance with the fees resolution adopted by city.

(G) Application review.

(1) The grading/clearing sketch and statement shall be reviewed for consistency with applicable regulations and standards (refer to § 155.04), and grading/clearing permit application status shall be determined within ten working days of application.

(2) If determined inadequate, the application shall be returned and the applicant may resubmit an amended grading/clearing sketch or statement.

(3) The City Building Official shall require that plans and specifications be modified to make them consistent with this chapter and any other applicable regulations.

• (H) Grading/clearing permit issuance and expiration.

(1) Issuance. Grading/clearing permits are issued by the City Community Development Department. A copy of the grading/clearing permit and approved grading/clearing sketch shall be kept in an easily accessible location on the site; and

(2) Expiration. A grading/clearing permit shall be null and void if the authorized work has not been completed within 180 days of permit issuance.

• (I) Grading/clearing permit extension and reapplication.

(1) Extensions. Upon written request by the permit holder, the City Engineer or Building Official may approve a single 185 day extension of a grading/clearing permit.

(2) Non-Conformance Reapplication. Non-compliance with the approved grading/clearing sketch will require reapplication for a grading/clearing permit in conformance with this chapter. Applicable penalties and additional conditions may be imposed on the permit.

(3) Expiration Reapplication. Reapplication for a Grading/Clearing Permit may be made in accordance with this chapter. Additional conditions may be imposed on a permit, as a consequence of reapplication.

• (J) Changes to Grading/Clearing Permit.

(1) Emergency conditions. If drainage problems, flood hazards or other hazards occur that were not anticipated at the time the permit was issued, the permit holder may submit the necessary engineering modifications in a report to be reviewed and approved by the City Building Official.

(2) Non-emergency conditions. If unanticipated non-emergency conditions are encountered during grading/clearing and are beyond the scope of the grading/clearing permit, a non-conformance reapplication shall be required by the City Building Official.

(Ord. 2004-006, passed 8-23-04)

(A) Permit applicant requirements. A person seeking a major grading permit must:

(1) Either be an owner of the real property to be graded or be an agent of the owner that is a current, valid Registered Civil Engineer or a Licensed Landscape Architect with the State of California; and

(2) Provide to the city a surety bond in the sum equaling 120% of the estimate of a Registered Civil Engineer to complete the grading that is conditioned on the faithful performance of all ordinances of the city relating to grading; on the prompt payment to the city of all fees for permits and licenses that may become due and owing to the city; the payment of all fines imposed for violation of this chapter during the life of the bond; and on indemnifying the city, its officers, agents and employees from any liability for damages arising from his/her negligence or unskillfulness in doing, protecting and completing his/her work. The bond shall be in full force and effect for a period of one year after cancellation or completion of construction. This section shall not require a bond in addition to any bond already furnished to the city pursuant to Chapters 152 or 153.

(B) Scope. An application for a major grading/clearing permit requires a completed grading/clearing permit application, grading/clearing plan, grading/clearing statement, soils report (as required) and drainage improvement plan prepared by a registered civil engineer or licensed landscape architect.

(C) Grading/clearing plans requirements.

(1) The existing grade contours, proposed finished grade contours (minimum of one foot, maximum of ten feet) and sufficient spot elevations of the area to be graded including the general topography (such as city aerial maps or visual site inspection) for a minimum of 100 feet beyond the affected area or as determined by the City Engineer. This information shall be prepared by a registered civil engineer or licensed landscape architect.

• (2) If known, the extent of building envelopes and where structures are to be constructed:

• (a) Spot elevations shall be shown for the finished grade within the building envelope;

• (b) All building pads showing the existing grade at the primary building corners and proposed finished floor elevations; and

• (c) The proposed building heights shown to conform to the building height requirements.

• (3) A description of the preservation and mitigation methods, specifying elevations, dimensions, quantities, and locations, to be used during grading/clearing and until re-vegetation or stabilization has been completed.

• (a) The extent and manner of preserving, relocating, clearing and disposing of existing vegetation;

• (b) The final ground cover, re-vegetation (if any), erosion control and proposed methods for excavation or fill stabilization, based upon the soils report (refer to division (D) of this section); and

• (c) Both temporary and permanent drainage improvement plans shall contain:

1. Drainage or other protective devices to be constructed as part of the grading;

2. The drainage area and estimated runoff of the area served by drains;

3. Depiction of the site boundaries (by bearing and distance), existing survey monuments, and a local and/or temporary benchmark with the elevation and co-ordinates;

4. The location of all trees eight inches dbh and larger within the affected area and the location of any regulated areas or areas to be preserved (i.e. Areas of Special Interest, wetlands, open spaces, etc.); and

5. Access roads, haul routes and all points-of-entry including but not limited to all gravel construction entrances, to the grading/clearing site.

• (D) Grading/clearing statement. A written grading/clearing statement shall be submitted with an application for a grading/clearing permit. The statement shall include, where applicable:

• (1) A description of both temporary and permanent stabilization, erosion and drainage control measures;

• (2) The off-site disposal location and estimated quantity of earth material and vegetation to be removed from the site during grading/clearing;

• (3) The off-site source location and estimated quantity of materials to be delivered to the site during grading/clearing;

• (4) Estimated starting and completion dates;

(5) A description of the dust control method to be used during grading/clearing and until re-vegetation or stabilization has been completed; and

• (6) A description of the tree protection standards to be implemented during construction.

• (E) Soils report. A geotechnical report may be required when slopes greater than 2:1, retaining walls or extensive areas of fill are proposed, unusual soil conditions are encountered or upon the request of the City Engineer.

• (1) The report shall contain all geotechnical engineering information and recommendations applicable to the project and shall be stamped by a registered professional engineer;

• (2) The report shall be incorporated into the grading clearing plan and statement; and

(3) The applicant shall be required to provide written certification to the City Engineer that embankment/fill within proposed public rights of way complies with the city standards and specifications or to the Building Official that filled areas under proposed buildings have met the foundation requirements.

• (F) Documents preparation.

• (1) Documents shall be prepared in accordance with city requirements;

• (2) Information shall conform to land use conditions (when applicable) and shall be consistent with the land use site analysis and other applicable regulations; and

• (3) Grading/clearing plan preparation. The plan shall be prepared by a registered civil engineer.

• (G) Application.

(1) The grading/clearing permit application, grading/clearing plan and other required materials shall be submitted to the Engineering Division of the City Public Works Department for distribution to the applicable city review agencies;

• (2) The grading/clearing permit application shall be completed and is required to be signed by the property owner; and

• (3) Fees are payable to the city in accordance with the fees schedule adopted by city ordinance.

• (H) Grading/clearing assurances in the absence of land use approval.

(1) (a) When approval has been granted for grading/clearing, assurances shall be required in the absence of land use approval in an amount not to exceed 120% of the cost estimate made by a registered professional engineer or

registered landscape architect for restoration of the site to original conditions or for compliance with grading/clearing permit.

• (b) Assurances shall consist of one of the following:

1. A surety bond executed by a surety company authorized to transact business in the State of California in a form approved by the City Attorney;

2. A cash deposit in a city account at an approved lending institution;

3. An irrevocable standby letter of credit from a federally insured banking institution or savings and loan operating in California that unconditionally promises to pay the funds pledged upon demand by the city. Such obligation must be unaffected by the financial status of the person who has obtained the letter of credit;

4. An "Assurance Provider" arrangement between the owner, the city and a federally insured financial institution which assures the city that the funds to complete the performance of the owner's grading/clearing permit will be provided by the federally insured financial institution to the city in the event the owner does not complete performance of the grading/clearing permit. The form of the Assurance Provider arrangement and the federally insured financial institution must be satisfactory to the city.

(2) The assurances shall be released by the city when the grading/clearing has been inspected and received the written approval of the City Engineer or Building Official. Final approval of a grading/clearing permit shall not require the release of the assurances in the event of grading/clearing noncompliance.

(I) Application review consistent with approved engineered plans.

(1) Grading/clearing plans and related submittals shall be reviewed concurrent with land use action, the construction plans, or building permit review process for the project; and

(2) Prior to approval of the grading/clearing plan, the City Engineer shall inspect the site to determine that the submittals are current and reflect existing conditions;

• (J) Grading/clearing permit extension and reapplication.

(1) A grading/clearing permit shall be null and void if the authorized work has not been completed within 180 days of permit issuance or a longer timeline is authorized by the City Engineer at the time of grading/clearing permit issuance.

(2) Extensions. Upon written request by the permit holder, the City Engineer may approve 185 day time extensions of a grading/clearing permit.

(3) Non-Conformance Reapplication. Non-compliance with the approved grading/clearing sketch will require reapplication for a grading/clearing permit in conformance with this chapter. Applicable penalties and additional conditions may be imposed on the permit.

(4) Expiration Reapplication. Reapplication for a grading/clearing permit may be made in accordance with this chapter. Assurances of additional conditions may be imposed on a permit, as a consequence of reapplication.

• (K) Changes to grading/clearing permit.

(1) Emergency conditions. If drainage problems, flood hazards or other hazards occur that were not anticipated at the time the permit was issued, the City Engineer shall require that any substantial engineering modifications be submitted in a report and that the grading/clearing design be modified.

(2) Non-emergency conditions. If unanticipated non-hazardous conditions are encountered during grading/clearing and are beyond the scope of the grading/clearing permit, the permit holder may submit the necessary engineering modifications in a report to be reviewed and approved by the City Engineer. (Ord. 2004-006, passed 8-23-04)

(A) This section in no way replaces or negates the requirements pertaining to explosives as adopted by the State of California or any other statute in effect within Stanislaus County.

(B) All persons conducting blasting activities shall comply with all federal, state and local regulations applicable to blasting activities. Such person shall have and provide upon request, evidence of all necessary federal, state and local licensing required to conduct blasting activities.

(C) Notification. Notice of all blasting shall be provided to the City Engineer. Prior to blasting, the person responsible for the blast shall inform all building occupants within 100 feet of the blast site.

(1) The City Engineer may require additional notification for sensitive areas such as medical districts, hospitals, schools, etc.; and

(2) Signs shall be placed at street intersections adjacent to the blasting site on the day of the blasting or earlier if feasible. Signs shall state approximate blasting times and whom to contact.

(Ord. 2004-006, passed 8-23-04)

(A) Temporary permitted rock crushing. Temporary on-site rock crushing for on-site construction and maintenance is permitted outright in any zone if the following standards are met:

(1) The subject property has received site plan, tentative plat or final plat approval for the construction or maintenance activity or is an approved public facility project;

(2) Rock crushing equipment has a San Joaquin Unified Air Pollution Control District air contaminant discharge permit;

• (3) The crushing equipment is capable of providing material meeting "three quarter (3/4) inch minus" specifications;

• (4) No off site materials are brought on site for crushing;

• (5) Rock crushing equipment is removed from the site within 15 days of completing the crushing activity;

• (6) Excavated crushed material not used for on-site construction or landscaping is removed to a city approved location within 15 days of completing the crushing activity;

• (7) The rock crushing equipment is set up as far away as practicable from any property line or existing residence but in no case shall the setback be less than 150 feet;

• (8) The duration of the temporary rock crushing activity is for no more than 60 consecutive days from the issuance of the permit, unless the applicant obtains an extension of time pursuant to the City of Riverbank Land Use Permit and Procedures Ordinance;

• (9) Rock crushing occurs Monday through Friday, between 8:00 a.m. and 5:00 p.m., and not on legal holidays; and

• (10) Water is available to provide dust control.

• (B) Application requirements. An application for a temporary permit for on-site rock crushing shall contain the following.

• (1) A detailed explanation of the proposed construction and rock crushing activities, including:

• (a) An approved grading/clearing plan;

• (b) An estimate of the amount material to be processed;

• (c) The amount of material to be used on site and the amount to be removed if any; and

• (d) The duration and operating characteristics of the rock crushing activity.

• (2) An explanation of how the proposal will reduce truck trips or otherwise benefit the community.

• (3) A map drawn to scale showing:

• (a) The location of property boundaries;

• (b) The truck travel route for vehicles accessing the site and rock material being removed from site;

• (c) The location site for material being removed;

• (d) Setbacks to the rock crushing activity; and

• (e) Any topographic features in the immediate vicinity of the proposed rock crusher.

• (4) Any additional information, which will assist in the evaluation of the proposed rock crushing.

• (5) The application shall be processed pursuant to the City of Riverbank Land Use Permit and Procedures Ordinance.

(C) Revocation of a Temporary Permit for Noncompliance. Any permit for temporary permit for rock crushing granted in accordance with the terms of this chapter may be revoked if any of the conditions or terms of such permit are violated.

(Ord. 2004-006, passed 8-23-04)

(A) All construction subject to these regulations shall be subject to inspection by the City Engineer and the City Public Works Department in addition to inspections by the project engineer and consultants. When required by the City Engineer, additional inspections and additional testing shall be performed to verify conformance with these regulations. The cost of additional inspections and additional testing shall be borne by the property owner.

(B) If the City Engineer determines that any portion of the project is not in conformance with the requirements of this chapter and no waiver of such requirements has been granted, the City Engineer shall notify, in writing, the project engineer and or property owner. The project engineer and or property owner shall take immediate action to resolve the problems(s) enumerated. If corrective action is not taken to the satisfaction of the City Engineer, then the City Engineer shall impose one or more of the following:

• (1) Issue a stop work order;

• (2) Notify the agency issuing the bond, irrevocable letter of credit, certificate of deposit or cash deposit used as assurance;

• (3) Do the necessary work at the property owner's expense;

• (4) Not sign the final plat;

• (5) Request the Community Development Department to not issue any additional building permits for this development; and/or

• (6) Collect on the bond or irrevocable letter of credit, certificate of deposit or cash deposit.

• (C) General inspections.

(1) All grading/clearing which requires a permit shall be inspected by the Building Official, City Engineer or representative in accordance with the grading/clearing permit:

(a) The permit holder shall provide notification 48 hours prior to an inspection request, or as specified on the grading/clearing permit; and

• (b) The city shall provide an inspection within two working days of the request time.

(2) If the Building Official, City Engineer or representative finds site conditions are not as stated in the approved grading/clearing permit conditions, the City Engineer or Building Official may issue a stop work order until a revised grading/clearing sketch or plan has been approved.

(3) Whenever grading/clearing work requiring city inspection is concealed by additional work without first having been inspected, the City Engineer or Building Official may require, by written notice or other means, that such work be exposed, for inspection by the city.

• (D) Final inspection of rough grade.

(1) All rough grading/clearing shall be completed in accordance with the grading/clearing permit prior to final rough grade inspection by the city.

(2) The final inspection shall be conducted by the city prior to issuance of a certificate of substantial grading/clearing conformance or release of grading/clearing assurances (if required). The permit holder shall provide a minimum of 48 hours notice to the city when any phase of rough grading/clearing is ready for final inspection.

(3) The City Engineer or Building Official may approve completed rough grading/clearing prior to completion of related work in cases of extreme hardship or where grading/clearing has been designed to be completed in phases, provided that no hazards exist and a performance bond has been posted to ensure completion of remaining grading/clearing work of that phase.

(4) The soil report and certification of sub-base requirements shall be submitted to the Building Official prior to any foundation inspections or to the City Engineer prior to issuance of certificate of final grading/clearing approval. (E) Final grading/clearing inspection.

(1) All required grading/clearing work shall be completed in accordance with the grading/clearing permit prior to final grading/clearing inspection by the City Engineer or Building Official and issuance of a certificate of final grading/clearing approval.

(2) Where the conditions of a grading/clearing permit include the establishment of vegetation or other final site grading/clearing work that extends beyond the expiration of the grading/clearing permit, the city shall make a post-

grading/clearing inspection within six months of permit expiration or as required by the grading/clearing permit before final approval.

(F) Maintenance. The owner of any private property on which grading/clearing or other work has been performed pursuant to an approved grading/clearing plan, approved land use application or approved building permit granted by the Community Development Department, shall maintain and repair in perpetuity all graded surfaces and erosion prevention devices, retaining walls, drainage structures, plantings and ground cover, or other means or devices deemed not to be the responsibility of the city or other public agency.

(Ord. 2004-006, passed 8-23-04)

(A) The Approval Authority may authorize variances from the standards of this chapter where it can be shown that owing to special and unusual circumstances related to a specific property, the literal interpretation of this chapter would cause an undue or unnecessary hardship. In granting a variance, the Approval Authority may attach conditions found necessary to protect the best interest of the surrounding property or neighborhood, and to otherwise achieve the purpose of this chapter.

(B) Criteria. No variance shall be granted pursuant to the provisions of division (A) unless the applicant can establish that:

(1) That special conditions exist which are peculiar to the land involved and which are not applicable to other lands in the general vicinity of the subject property;

(2) That strict interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the general vicinity of the subject property under the terms of this chapter;

(3) That the special conditions or circumstances do not result from the actions of the applicant and such conditions do not merely constitute pecuniary hardship or inconvenience; and

(4) That granting the variance will be in harmony with the objectives of this chapter, and not injurious to the neighborhood or otherwise detrimental to the public welfare.

(Ord. 2004-006, passed 8-23-04)

(A) Performance standards and grading/clearing permit enforcement:

(1) The enforcement of this chapter and conditions of the grading/clearing permits issued pursuant to this chapter shall be regulated by this section.

(2) If the performance standards contained in this chapter are violated, penalties under division (B) below shall apply.

(3) When the City Engineer or Building Official determines that a substantial noncompliance exists with the conditions of the grading/clearing permit, the City Engineer or Building Official may issue a stop-work order by written notice, in addition to the penalties contained in division (B).

(4) In addition to the penalties contained in division (B), the City Engineer or Building Official may issue a stop work order when any work for which a permit is required by this chapter has been commenced without first obtaining the permit. The city shall perform an investigation of the site to determine the appropriate mitigation and or penalties before a permit may be issued for such work.

(5) If the city determines that grading/clearing does not comply with this chapter or the grading/clearing permit conditions, or that the soil or site conditions are not as stated on the permit, the City Engineer or Building Official may order the work stopped by written notice served on any person engaged in doing or causing such work to be done.

(6) When a stop work order is issued pursuant to this chapter, the applicable person shall immediately stop all building and construction work until authorized to continue by the City Official who issued the order. The failure to stop work after being notified of the stop work order shall be a violation of this chapter and subject to the enforcement remedies contained in division (B) below.

(7) Failure to obtain a grading/clearing permit prior to commencement of grading/clearing, unless not required or exempted by this chapter, shall be a violation of this chapter.

(8) The City Engineer or Building Official may authorize the refunding of any fee paid hereunder in accordance with applicable law and the city's refund policy.

(9) If all provisions of this chapter and the terms of a valid grading/clearing permit have been fulfilled, the city shall not prosecute the permitee under this chapter for any unforeseen circumstances resulting from the actions of the permitee.

(B) Compliance and penalties. The following enforcement remedies and penalties can be applied individually or cumulatively upon violation of this chapter:

(1) A violation of the provisions of this chapter is punishable upon conviction by:

(a) For a minor grading/clearing permit, an initial fine of $300 depending upon the severity of the violation and a fine of not more than $100 for each day of violation, where the offense is a continuing offense, but such fine may not exceed $5,000.

(b) For a major grading/clearing permit and other violations of this chapter including but not limited to the performance standards, an initial fine of $600 depending upon the severity of the violation and a fine of not more than $600 for each day of violation where the offense is a continuing offense, but such fine may not exceed $25,000.

(2) If a person or corporation has gained money or an increase in property value through the violation of this chapter, the court may sentence the defendant to pay an amount fixed by the court not exceeding double the amount of the defendants gain from the commission of the violation.

(3) In addition to the enforcement and penalty provisions, the Court may require the replacement of vegetation removed in violation of this chapter. The amount of replacement trees, shrubs, and ground cover shall be determined by the area of removed vegetation. The property owner shall enter into a mitigation agreement plan approved by the city. The mitigation plan shall include a plan providing for the planting and maintenance of the replacement vegetation. The plan shall make provisions for the replacement of plants that die within three years of planting. Failure to enter into a mitigation agreement plan as required by this section or failure to comply with any condition of that plan shall be a violation of this chapter and be a separate violation each day the failure to comply continues.

(4) In addition to the enforcement and penalty provisions, the Court may order the defendant to mitigate the harm caused by the violation of the chapter. This plan may include but is not limited to the replacement of trees and vegetation removed by the defendant in violation of this chapter. The amount of replacement trees, shrubs and ground cover shall be determined by the area of removed vegetation.

(5) The city may refuse to accept any development permit applications for the property upon which a violation of this chapter has occurred or stop work on any development approved for the subject property until a permit has been acquired and an acceptable mitigation plan, if applicable, has been submitted and performed. (Ord. 2004-006, passed 8-23-04)