Ross Municipal Code § 15.24 Referenced Standards

15.24.020 Application for a permit. 15.24.030 Procedure. 15.24.040 Bond and certificate of insurance. 15.24.050 Suspension and revocation of permit. 15.24.060 Inspections. 15.24.070 Penalty for violation.

15.24.010 Permit required. It is unlawful for any person to commence or perform any grading, excavation, or fill within the town without first having secured a permit for such work; provided, however, that no permit shall be required for the following exceptions:

(1) Excavation for a building foundation, basement of a building, or swimming pool for which a building permit has been issued, provided however that this exemption does not extend to excavations or fill for necessary site preparation;

(2) Excavations by a public utility for the installation, operation, inspection, repair or replacement of any of its facilities;

(3) Grading in subdivisions in accordance with plans approved by the town council. (Ord. 650 (part), 2013; Ord. 647 (part), 2013; Prior code §3703).

15.24.020 Application for a permit. An applicant for a grading permit shall file an application therefor with the town engineer, accompanied by the required fee. Each application shall contain the following:

(1) Name and address of the applicant, and person or persons responsible for the correctness of the work to be done;

(2) Description of the property upon which the work is to be done sufficient to readily identify the location;

(3) Duplicate copies of plans and specification of the proposed work including: A. Contour maps showing the present contours of the land, and the proposed contours of the land after completion of the proposed work;

B. Plot plan showing the boundaries, lot lines, neighboring public ways, and the location of all work;

C. Description of the type and classification of the soil;

D. Details and location of all retaining walls, cribbing, drainage structures, piping, and such further information as may be required by the town engineer;

E. Proposed dates for the commencement and completion of the work.

_________________ * See also Ch. 12.04 of this code.

F. All plans and specifications shall show compliance with the provisions of the California Building Code Part 2, Volume 2, Chapter 18 and Appendix “J” and all applicable adopted town standards.

G. A proposed Erosion and Sediment Control Plan that meets the requirements of

Chapter 12.28 of this Code.

H. A Stormwater Control Plan and a Stormwater Facilities Operation and Maintenance Plan, if required by Chapter 12.28 of this Code.

(4) Exception: The town engineer may in their discretion waive the requirements for all or any of the plans and specifications heretofore specified, if they find that a lesser amount of information will suffice to conform to the provisions and spirit of this chapter. (Ord. 728 (part), 2025; Ord. 657 (part), 2014; Ord. 650 (part), 2013; Ord. 647 (part), 2013; Prior code §3704).

15.24.030 Procedure. (a) The town engineer shall inspect the site, review the plans and specifications, and make their recommendations. The town engineer shall take into consideration all pertinent matters concerning the proposed work which may affect the public health, safety, and general welfare in the neighborhood, and shall exercise reasonable and sound discretion. The town engineer may require the applicant to furnish any additional information including, but not limited to, soil tests and any other engineering data at their sole discretion.

(b) The granting of the application shall be recommended unless it appears to the engineer that the proposed work would:

• (1) Remove the lateral or subjacent support of the adjacent land; or

• (2) Result in a dangerous topographic condition; or

• (3) Result in seepage or slides; or

• (4) Divert the flow of drainage water; or

• (5) Cause, aggravate, or increase a nuisance dangerous to public safety; or

(6) Otherwise in any manner endanger the public health or safety; or

(7) Be detrimental to the public welfare despite all precautions that the applicant is ready, willing and able to take.

(c) The engineer shall recommend either:

(1) Granting the permit, with or without modification and upon such condition or conditions as he deems necessary to carry out the intent of this ordinance; or

(2) Deny the application in whole or in part.

(d) Upon receipt of the town engineer's recommendation,and should the application be denied, or should the town engineer recommend the application be modified, the town engineer shall immediately notify the applicant, stating the reasons why.

(e) In the event that the applicant is not satisfied with the determination of the town engineer, the applicant may appeal to the town council for relief by filing a notice of appeal with the clerk, who shall thereupon set the matter for a hearing by the town council within forty-five days from the date of the filing of the notice. (Ord. 728 (part), 2025; Ord. 650 (part), 2013; Ord. 647 (part), 2013; Prior code §3705) .

15.24.040 Bond and certificate of insurance. The town may require as a condition of the granting of any permit hereunder, that the applicant deposit with the town a surety bond, in an amount to be fixed by the town council, inuring to the benefit of the town, guaranteeing that the applicant will faithfully perform all of the conditions and requirements specified in the permit. The surety bond shall be executed by sureties approved by the town as being sufficient in number and financial responsibility. The town may also require as a condition to the granting of a permit that the applicant deposit with the town clerk a certificate of a responsible insurance company showing that the applicant is insured in an amount to be fixed by the town against any loss or damage to persons or property arising directly or indirectly from the operations of the

applicant or any person acting in their behalf in carrying on any operation connected directly or indirectly with the making of the fill or excavation, or the removal of the excavated materials for which the permit is issued. (Ord. 728 (part), 2025; Ord. 650 (part), 2013; Ord. 647 (part), 2013; Prior code §3706).

15.24.050 Suspension and revocation of Permit. If, in the opinion of the town engineer, the public health, safety or welfare require it, the town engineer shall immediately suspend any permit granted under this ordinance.

Any permit granted hereunder may be revoked or suspended:

• (1) For any reason for which the permit might have been denied; or

• (2) For failure of permittee to comply with all the terms and conditions of the permit.

Any permittee having a permit so suspended or revoked may appeal the action to the town council by following the procedure set forth in Section 15.24.030. (Ord. 650 (part), 2013; Ord. 647 (part), 2013; Prior code §3707).

The town engineer shall make such inspections as he may deem necessary in each individual case, taking into consideration the complexity of the work to be performed. The permittee shall pay to the town, in addition to the aforesaid application fee, the actual costs of such inspections, and shall deposit with the town permit technician, upon making application for a permit, the town engineer's estimate of the costs of inspection. (Ord. 728 (part), 2025; Ord. 650 (part), 2013; Ord. 647 (part), 2013; Prior code §3708).

15.24.070 Penalty for violation. Any violation of any of the provisions of this chapter shall be a misdemeanor and punishable as provided in Section 1.04.010, and where such violation creates a nuisance, the additional remedies provided by Chapter 9.04 of this code, and by the laws of the state, shall likewise be applicable. (Ord. 650 (part), 2013; Ord. 647 (part), 2013; Prior code §3709).

Chapter 15.28

UNDERGROUND UTILITY DISTRICT

Sections: