Scotts Valley Municipal Code Ch. 15.06 Excavation, Grading, Erosion and Sediment Control Regulations

This chapter shall be known as the Excavation, Grading, Erosion and Sediment Control Regulations for the city of Scotts Valley and may be cited by such title.

(Ord. 102.6 § 2(part), 1997)

The purpose of this chapter is to safeguard life, limb, health, property, water quality, safety and the public welfare and to the aesthetic quality of the hillside and valleys by regulating and controlling grading, clearing and erosion on private property.

(Ord. 102.6 § 2(part), 1997; Ord. 102.8 § 2, 2002)

This chapter sets forth rules, regulations and minimum standards to control excavation, grading, erosion and sediment; requires control of all existing and potential conditions of accelerated erosion; establishes administrative procedures for issuance of permits; and provides for approval of plans and inspections during construction and maintenance. All activities subject to subdivision map requirements, building permits or other ministerial or discretionary applications shall meet these standards, unless the activity is considered exempt as provided in Section 15.06.050.

( Ord. 102.6 § 2(part), 1997; Ord. 102.8 § 3, 2002)

A. General.

1. No person shall cause or allow the persistence of a condition on any site that could cause accelerated erosion. Accelerated erosion shall be controlled and/or prevented by the responsible person or the property owner by using practices outlined hereinafter as applicable. Additional measures may be necessary, and may be specifically required when work is on geological unstable areas, thirty percent or steeper slopes, and/or on soils with a severe erosion hazard rating by a USDA Soil Survey.

2. Soil sterilants that last longer than four weeks shall not be used on soils or slopes which may subsequently need vegetation for erosion and sediment control.

3. Erosion problems shall be controlled no later than the beginning of the rainy season.

B. Hazardous Conditions.

1. Whenever any existing excavation or embankment or cut or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way, drainage channel or causes significant impact on the natural resources of the area, the owner of the property upon which the excavation, cut or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the building official shall, within the period specified therein, repair or eliminate such hazard and conform with the requirements of this chapter.

2. No permits of any kind shall be issued if the building official determines that proposed construction work is hazardous to the extent described above, or the work is subject to a major flood hazard dangerous to life or property, and which hazard cannot be eliminated, prevented or corrected.

(Ord. 102.6 § 2(part), 1997)

No person shall do any land disturbance work without first obtaining a permit from the building official except as follows:

A. Emergency Work. Work necessary to preserve life or property, provided, however, that when emergency work is performed under this section, the person performing it shall report the pertinent facts relating to the work to the building official within fifteen days after commencement of the work and shall thereafter obtain a permit pursuant to Section 15.06.070 and correct any erosion or conditions with a potential to cause erosion as a result of the emergency work;

B. Excavations. An excavation which does not exceed fifty cubic yards and is less than two feet in depth and does not create a cut slope greater than five feet and steeper than three to one;

C. Fill. A fill, containing only permitted materials, less than one foot in depth, placed on natural terrain slope flatter than five to one, that does not exceed fifty cubic yards on any one site, including stockpiles, that does not alter or obstruct a drainage course, and will not be used for structural support or roadways and where the area graded does not exceed eleven thousand square feet (one-fourth acre). This exemption shall not apply to a fill within a riparian zone;

D. Basements and Footings. An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five feet after the completion of such structures;

E. Cemeteries. Cemetery graves;

F. Wells and Utilities. Excavations for wells, tunnels or utilities controlled pursuant to other regulations;

G. Exploratory Investigations. Excavations under the direction of a soils engineer or engineering geologist where such excavation is to be returned to the original condition within forty-five days after the start of work;

H. Clearing. Clearing an area of eleven thousand square feet (one-fourth acre) or less on five percent slopes or less.

(Ord. 102.6 § 2 (part), 1997)

When used in this chapter, the definitions listed shall have the meanings specified in this section:

"Accelerated erosion" means rapid erosion caused by human-induced alteration of the vegetation, land surface topography or runoff patterns. Evidence of accelerated erosion is indicated by exposed soils, active gullies, rills, sediment deposits, or slope failures caused by human activities.

"Access and building envelope" means a delineated area within which all land disturbances for construction of access and/or building will be confined.

"Bedrock" means in-place, solid rock.

"Bench" means a relatively level step excavated into earth material on which fill is to be placed.

"Borrow" means earth material acquired from an off-site or other on-site location for use in grading on a site.

"Clearing" means the removal of vegetation and debris down to bare soil by any method.

"Drainage course" means a well defined, natural or man-made channel which conveys stormwater runoff either year-round or intermittently.

"Engineering grading" means grading consisting of five hundred cubic yards or more; a subdivision of more than four lots; a planned unit development; major planned developments; a major use permit; a project that is likely to cause major land disturbance.

"Erosion" means the wearing away of the ground surface by the actions of water, wind, ice, gravity, or a combination thereof.

"Erosion, sediment and runoff control practices" means methods, measures, devices, structures, vegetative planting and/or a combination thereof designed to control erosion and sediment; to safely contain and/or dispose of stormwater runoff; and to stabilize soils and slopes.

"Excavation" means the mechanical removal of earth materials.

"Fill" means the deposit of earth materials by artificial means.

"Grade" means the vertical location of the ground surface or the degree of rise or descent of a slope.

1. Existing grade - The grade prior to any land disturbance or grading.

2. Rough grade - An approximate elevation of the ground surface conforming to the approved plan.

3. As graded or finished grade - The final grade or surface conditions of the site which conforms to the approved plan on completion of grading.

"Grading" means any excavation, filling, leveling, or combination thereof (excludes stripping and/or clearing).

"Hillside Residential Combining District regulations" means those regulations applicable to grading on residentially zoned parcel with an average slope over ten percent (10%), as provided in Chapter 17, Section 40 of the Scotts Valley Municipal Code.

"Key" means a designed, compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope to develop shearing resistance (see Figure 1). [Figure: Figure 1]

Figure 1

"Land disturbance" means clearing, stripping, excavating, grading, filling or other manipulation of the natural terrain by manual and/or mechanical means.

"Permit area boundary" means the area within which all work shown on the approved regular or engineering plans and complying with Figure 5 in Section 15.06.110 is to take place.

"Rainy season" means the period commencing October 15th of one year and terminating April 15th of the next year.

"Sediment" means eroded earth material that is carried and/or deposited by water, wind, gravity or ice and is a major source of water pollution.

"Slope" means an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. Three to one (3:1) means that every three feet moved horizontally the ground surface will rise or drop one foot. Slope may also be expressed in percent and/or de-trees from horizontal (see Figure 2). [Figure: Figure 2]

Figure 2

"Stream" means any watercourse as designated by a solid line or dash and three dots symbol shown on the largest scale of United States Geological Survey map most recently published.

"Topsoil" means loose, friable, organic and fertile earth materials on top of a soil profile—usually the "A" horizons.

(Ord. 102.8 § 4, 2002: Ord. 102.6 § 2 (part), 1997)

A. General.

1. Except as exempted in Section 15.06.050 of this chapter, no person shall do, cause, permit, aid, abet, suffer, or furnish equipment or labor for any clearing, excavation, filling, grading, erosion or sediment control work until a permit has been obtained from the building official by the owner(s) of the property (or agent).

2. All permits shall be obtained from the building official who shall have authority to approve, conditionally approve or disapprove a permit in the exercise of reasonable discretion hereunder.

3. Applications for grading residential zones of parcels with an average slope over ten percent (10%) are subject to the Hillside Combining District regulations.

B. Application. The application for a permit shall include the following items:

1. Application form;

2. Two sets of the site map and grading plans;

3. Plan check fees;

4. Performance bond or other acceptable security, if required; and

5. Two sets of all supporting reports or documentation when required.

C. Application Form. The following information is required on the application form:

1. Name, address and telephone number of the applicant and date of application. When available at time of application, names, addresses and telephone numbers of any and all contractors, subcontractors or persons actually doing the land-disturbing and land-filling activities and their respective tasks;

2. Name(s), address(es) and telephone number(s) of the person(s) responsible for the preparation of the site map, grading, erosion and sediment control plans, and any soil engineering and engineering geology reports submitted; and

3. Signature(s) of the owner(s) of the site or of an authorized representative.

D. Permit Issuance. The provisions of the administrative section of the Uniform Building Code are applicable to grading permits. The building official may require that operations and project timing be modified if delays occur and adverse or rainy weather causes problems not considered at the time the permit was issued.

1. A separate permit shall be required for each site and cover excavations, fills, clearing, grading and erosion control work.

2. Approval of a permit shall require the abatement of any existing human-induced or accelerated erosion problems on the property. The building official may seek abatement recommendation from the Santa Cruz Resource Conservation District, other agencies, organizations and/or associations when expertise is available from these sources.

3. A permit shall authorize only that work which is described or illustrated on the approved plans and specifications.

4. Applications involving grading on slopes over thirty percent and where 2:1 slopes are proposed, design review by the planning commission is required prior to grading permit approval. Design of the grading plan shall be in conformance with the Hillside Combining District regulations if the site is zoned for residential use.

E. Site Map, Grading, Drainage and Erosion Control Plan. Two sets of these plans shall be required and shall contain the following information when applicable:

1. Existing and proposed topography of the site at contour intervals sufficiently detailed to define the topography over the entire site. Applications for residential grading permits shall include information on the average slope of the lot (see formula for determining average slope in Hillside Combining District regulations), topographic contours and shading of different rates of slopes on the parcels. The topographic contour intervals and shading shall be at the specifications required by the community development director;

2. Two contour intervals that extend a minimum of one hundred feet off-site, or sufficient to show on- and off-site drainage;

3. The site's property lines shown in location with respect to the plan's topographic information;

4. Location and graphic representation of all existing and proposed natural and man-made drainage facilities;

5. When necessary, detail plans and locations of all surface and subsurface drainage devices, walls, cribbing, dams, and other runoff and erosion and sediment practices to be constructed with or as a part of the proposed work, together with the drainage area and the estimated runoff of the area served by any drain;

6. Location and graphic representation of proposed excavations and fills, of on-site storage of soil and other earth material, and of on-site disposal;

7. Location of existing vegetation types and the location and type of vegetation to be left undisturbed;

8. Estimated quantity of soil or earth material in tons and cubic yards to be excavated, filled, stored or otherwise utilized on-site;

9. Outline of the methods to be used in clearing vegetation, and in storing and disposing of the cleared vegetative matter;

10. Proposed sequence and schedule of excavation, filling and other land-disturbing and filling activities, and soil or earth material storage and disposal;

11. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners which are within one hundred feet of the property or which may be affected by the proposed grading operations;

12. North arrow, written and graphic scales;

13. Specifications shall contain information covering construction and material requirements.

F. Grading Requirements.

1. Engineering Grading. Grading shall be designated engineering grading and a civil engineer (or other licensed professional) authorized by state law shall prepare and sign reports, plans and specifications required in Section 15.06.070 E and G when:

a. The grading is five hundred cubic yards or more. However, the permittee may have grading involving less than five hundred cubic yards, performed as engineering grading if the building official approves; or

b. It will result in a subdivision of more than four lots; or

c. It will be a planned development; or

d. It will be a project likely to cause major land disturbances; or

e. The building official has cause to believe that geologic hazards may be involved.

2. Regular Grading. Grading which is not designated engineering grading shall be designated regular grading.

G. Engineering grading applications for a permit shall be accompanied by two sets of supporting data such as a soil engineering report, engineering geology report, erosion and sediment control report, and/or any other reports necessary. All required reports and engineering shall be wet signed by the responsible engineer. During engineering grading, all necessary reports, compaction data, soil engineering, engineering geology and erosion and sediment control recommendations shall be submitted to both the civil engineer responsible for the project and the building official. The building official may require other plans, reports and documentation in addition to those indicated below as site conditions may indicate.

1. The civil engineering report shall include at least the following:

a. Hydrological calculations of runoff for ten-year and one hundred-year storm frequencies and comparison of runoff without and with the project;

b. Inspection and approval as to establishment of lines and grades, design criteria for corrective measures, including the existing and/or required safe storm drainage capacity outlet of channels both on- and off-site;

c. Opinions and recommendations addressing the adequacy of the site for its intended use; and

d. An as-graded plan and report upon completion of work showing all final surface elevations, drainage, and certifying that the work was done according to the approved plan.

2. The soil engineering report shall contain at least all the following information:

a. Data regarding the nature, distribution, strength, and potential for erosion and liquefaction of existing soils;

b. Data regarding the nature, distribution, strength, and potential for erosion and liquefaction of soil to be placed on the site, if any;

c. Conclusions and recommendations for grading procedures;

d. Conclusions and recommended designs for interim soil stabilization devices and measures during grading and construction phases and for permanent soil stabilization after construction is completed;

e. Design criteria for corrective measures when necessary;

f. Opinions and recommendations addressing the adequacy of the site to be developed for its intended use;

g. Final written report including field density test locations, summaries of field and laboratory tests and certification as to the adequacy of the site for the intended use;

3. The engineering geology report shall contain at least the following information:

a. An adequate description of the geology of the site;

b. Identification and description of existing and potential geologic hazards at or affecting the site;

c. Conclusions and recommendations regarding the effect of geologic conditions on the proposed development;

d. Opinions and recommendations regarding the adequacy of site for its intended use;

e. Need for sub-drains or other underground drainage devices;

f. Final written report of the geology of the site, new information disclosed during work and certification as to the adequacy of the site for the intended use as affected by geologic factors.

4. The erosion and sediment control report shall contain at least all the following information:

a. A delineation and brief description of the practices to retain sediment on the site, including, sediment basins and traps, and a schedule for their maintenance;

b. A delineation and brief description of the surface runoff and erosion control practices to be implemented, including types and methods of applying mulches, and a schedule for their maintenance;

c. A delineation and brief description of the vegetative practices to be used, including types of seeds and fertilizer and their application rates, the type, location and extent of pre-existing and undisturbed vegetation types, and a schedule for maintenance;

d. The location of all the practices described or delineated above may be depicted on the site or grading plan;

e. A final written report of the erosion, sediment, and runoff control practices applied on the site, including any new information disclosed during the work and certification as to the adequacy of the erosion and sediment controls including maintenance provisions.

5. For engineering grading, it shall be the responsibility of the civil engineer who prepares the approved grading plan to incorporate all recommendations from the soil engineering and engineering geology, and erosion and sediment control reports into the grading plan after approval by the building official.

6. Notification of Non-Compliance. If, in the course of fulfilling their responsibility under this chapter, the civil engineer, the soils engineer, the engineering geologist, the erosion control specialist, or the testing agency finds that the work is not being done in conformance with this chapter or the approved grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and to the building official. Recommendations for corrective measures, if necessary, shall be submitted.

7. Transfer of Responsibility for Approval or Supervision. If the responsible agent, the civil engineer, the soils engineer, the engineering geologist, the erosion control specialist, or the testing agency of record is changed during the course of the work, the work shall be stopped until the replacement has agreed to accept the responsibility within the area of their technical competence for approval upon the completion of the work or for supervision during the course of the work. The building official shall be notified in writing of such changes. Agreement to accept responsibility shall be in writing and signed by the person accepting responsibility and filed with the building official prior to resumption of work.

8. The grading contractor shall submit in a form prescribed by the building official a statement of compliance to said as-graded plan.

9. Final approval shall not be given until:

a. All work including installation of all drainage facilities and protective devices, all erosion and sediment control, and vegetative measures have been completed in accordance with the approved plans and the required reports have been submitted;

b. Executed contract(s) or deed restrictions requiring maintenance of final plan runoff and erosion control practices for as long as necessary and as approved in the plans have been submitted.

(Ord. 102.8 § 5, 2002; Ord. 102.6 § 2 (part), 1997)

A. For engineering grading, or at the option of the permittee and to assure satisfactory completion of the work, securities in the form of either bonds by duly authorized corporate sureties, or an instrument of credit from a financial institution, subject to state or federal regulations, pledging that the funds necessary to carry out the terms of this chapter are on deposit and guaranteed for payment, shall be required. The forms to be used will be those furnished by the responsible official upon request.

B. The securities to be furnished and the amount thereof are as follows:

1. For "faithful performance," an amount equal to one hundred percent of the cost of the work as determined by the project engineer and approved by the building official, to guarantee faithful completion of the work; and

2. For "materials and labor," an amount equal to fifty percent of the cost of improvements as determined by the project engineer and approved by the building official, to guarantee payment to material men and laborers furnishing materials, equipment or labor in connection with the project improvements;

3. As part of the obligation guaranteed by the security and in addition to the face amount thereof, a covenant providing that the obligor(s) shall pay any reasonable attorney's fees, incurred by the city in the event it undertakes litigation to the obligation secured and is the prevailing party.

(Ord. 102.6 § 2 (part), 1997)

A. General. Unless otherwise recommended in the soil engineering and/or engineering geology reports approved by the building official, cuts and excavations shall conform to the provisions of this section.

B. Slope. The slope of cut surface shall be no steeper than is safe for the intended use. Cut slopes shall be no steeper than three horizontal to one vertical, and shall not exceed twenty feet in vertical height without a terrace break. Due to individual site soils and geology, flatter and shorter slope lengths may be required. Slopes as steep as two to one may be allowed upon approval of the planning commission if they find that the stability, safety and appearance of the completed project will be superior to the result that would be obtained by adhering to the three to one standard. Cut slopes shall be rounded off so as to blend in with natural terrain (see Figure 3). Cuts and/or fills in excess of forty-foot overall vertical height shall require approval by the city council.

[Figure: Figure 3]

Figure 3

C. Stockpiles. Stockpile material for trenches and pits will be put up-slope of the excavation to be promptly backfilled and compacted into trenches and pits. Excavated material not needed at the site will be removed or disposed of as approved by the building official.

D. Vegetative Protection. All earth cuts shall be planted with temporary and permanent vegetation or otherwise protected from storm runoff erosion within thirty days of the completion of final erosion control and grading work. Planting shall be watered or irrigated to establish a root system before the rainy season.

(Ord. 102.6 § 2 (part), 1997)

_____

A. General. Unless otherwise recommended in the soil engineering geology reports approved by the building official, fill shall conform to the provisions of this section.

B. Fill Location. Fill shall not be constructed on natural slopes steeper than two to one unless the civil engineer devises a method of placement which will ensure the fill will remain in place. The toe of the fill shall be no closer than twelve feet horizontally to the top of an existing or planned cut slope. The area beyond the toe of the fill shall be sloped for sheet overflow or a protected drain shall be provided (see Figure 4).

Figure 4 [Figure: Figure 4]

C. Residential Grading: For projects involving grading for residential projects where the average slope is over 10%, grading design, including placement of fill is subject to the Hillside Combining District Regulations.

(Ord. 102.8 § 6, 2002; Ord. 102.6 § 2 (part), 1997)

A. General. Unless otherwise recommended in the approved soil engineering and/or engineering geology report and shown on the approved grading plan, setbacks shall conform to this section and be no less than as shown in Figure 5.

B. Minimum Property Setback. The tops and toes of cut and filled slopes shall be set back from property boundaries and structures as far as necessary for safety of the adjacent properties and to prevent damage resulting from water runoff by flooding, erosion, or sediment disposition.

Figure 5 [Figure: Figure 5]

C. Stream and Riparian Setback. Tops and toes and/or filled slopes shall be set back far enough to prevent encroachment upon streams, floodplains or channels, or body of standing water to provide and maintain an undisturbed protective strip between the grading and the riparian corridor. This strip shall have sufficient filter capacity to prevent degradation of water quality, as determined by the erosion and sediment control specialist and approved by the building official. If it is determined that the filter capacity of the protective strip is insufficient, or development activity will encroach upon riparian zones, additional setback distance and/or erosion control practices may be required.

D. Retaining Walls. Retaining walls when keyed into stable foundations and capable of sustaining the design loads, may be used to reduce the required cut and fill setbacks when recommended by the civil or soils engineer, or engineering geologist and approved by the building official.

E. Other Restrictions and/or Minimums. Other requirements may also be increased or relaxed upon review by the building official if he finds the deviations consistent with safety and stability and to provide access for slope maintenance and drainage.

(Ord. 102.6 § 2 (part), 1997)

A. General. Drainage facilities and terraces shall conform to the provisions of this section unless otherwise indicated on the approved permit and plans. Drainage facilities shall be designed in accordance with "Part 3: Storm Drainage" of the City's Standard Details.

B. Runoff Calculations. A drainage report prepared in conformance with "Part 3: Storm Drainage" shall be provided along with the approved plans to show the project's stormwater management before and after development. To reduce runoff and sediment, a combination of storage and controlled release of stormwater runoff may be required.

C. Drainage Facilities.

1. Disturbance of natural drainageways shall be kept to a minimum and existing drainage courses shall not be obstructed or obliterated without mitigating measures installed that have been approved by the building official. Grading equipment shall not disturb or cross flowing streams unless absolutely necessary and only with prior approval from the building official.

2. Whenever a grading operation obstructs or impairs the flow of runoff in an existing drainage course, a culvert, bridge or other suitable drainage facility designed and acceptable to the building official shall be installed to convey the flow past the point of impairment. No construction materials or construction byproducts shall be discarded in any drainageway or riparian zone.

3. Drainage facilities shall be culverts, pipe drains, paved, rock or vegetative channels designed to safely carry existing and potential off-site runoff from a fully developed area upstream as well as local on-site surface and subsurface waters to the nearest adequate drainage course designated for such purposes by the building official and/or other appropriate jurisdiction as a safe place to discharge such waters. Properly designed energy dissipater may be required at the point of discharge.

4. Culvert size and materials shall be used in accordance with standard design criteria and as approved by the building official. Minimum diameter shall be twelve inches.

5. Cuts, fills and retaining walls shall have subsurface drainage facilities as necessary for stability.

6. Berms, ditches, interceptor drains or swales shall be constructed at the top of cut and filled slopes for protection against water runoff. Interceptor drains above cut slopes with a minimum drainage area of fourteen thousand five hundred square feet (one-third acre) or more shall be paved with reinforced concrete or an approved equal nonerodible material a minimum of three inches thick, twelve inches deep, and thirty inches wide and shall discharge into downdrains. Energy dissipaters may be required by the building official.

7. At least a five percent or greater grade will be required toward approved storm drainage facilities, either existing or planned, from all building pads, yards, roof drains, driveways, and etc.

D. Terraces.

1. Terraces at least six feet in width shall be established at not more than twenty-foot vertical intervals or seventy-five-foot slope intervals. Cuts or fills in excess of forty foot vertical height shall require approval by the city council. For cut or fill slopes greater than forty feet and up to one hundred twenty feet in vertical height, one terrace at approximately mid-height shall be twelve feet in width. Terrace widths and spacing for cut and fill slopes greater than one hundred twenty feet in height shall be designed by the civil engineer and subject to approval by the building official. Suitable access shall be provided to permit proper grading and maintenance of these terraces. Where only one terrace is required it shall be at mid-height (see Figure 5 in Section 15.06.110).

2. Swales or interceptor pipes or drains, ditches, on terraces and on the top of cut slopes, shall be designed to carry water and sediment to safe disposal structures and areas and shall have a minimum gradient of five percent and must be paved with reinforced concrete or an approved equal non-erodible material no less than three inches thick, one foot deep and five feet wide (see Figure 5 in Section 15.06.110). A maintenance plan may be required by the building official.

3. A single run of swale or ditch shall not collect runoff from a tributary area exceeding fourteen thousand five hundred square feet (one-third acre - projected) without discharging into a downdrain.

(Ord. 102.6 § 2 (part), 1997; Ord. No. 102.13, § 1, 3-4-2015)

A. General.

1. Access and building envelopes shall be delineated on the development plans so as to keep disturbance out of particularly erodible areas.

2. All streams, floodplains, channels, bodies of standing water, or other riparian areas shall be identified and delineated on the development plans and vegetative removal, land disturbances, or other development activities shall be conducted at a time, and in a manner that will provide and maintain an undisturbed vegetative filter strip. If it is determined that certain development activities in or near the riparian zones would be detrimental, those activities may be prohibited.

3. Exposed soil and slopes shall be protected from erosion by temporary and/or permanent measures.

4. As soon as possible and feasible following completion of each stage of grading and/or construction, all sites will be permanently stabilized by installing all required erosion and sediment control practices to insure protection before the normal beginning date of the rainy season.

B. Slope. Structures on existing slopes exceeding thirty percent shall utilize pole, step or other such foundation that does not require major land disturbances (see Figure 3 in Section 15.06.090).

C. Runoff Control. Where concentrated runoff will occur it will be carried in pipe or culvert conduits or over a nonerodible surface (paved, rocked or vegetated) to stable discharge points clearly shown on the development plans. All conduits must have proper energy dissipater at a point of discharge when necessary to prevent erosion.

D. Building Site Runoff. Runoff from buildings, roads, driveways, and the total site area shall be controlled by berms, swales, ditches, structures, vegetative filter strips and/or catch basins to prevent the escape of sediment from the site.

E. Vegetative Removal. Development plans shall indicate the areas where vegetation is to be removed and replaced within the building and access envelopes. Vegetation removal shall be limited to that amount necessary and as indicated on the approved development plan. The method and time shall be such that the erosive effects are minimized.

F. Vegetative Disposal. Vegetation removed during clearing operations shall be disposed of by chipping, used as mulch, compost, burned and/or hauled away and disposed off-site in a manner approved by the building official. Burning shall comply with local air quality standards and no long branches or charred pieces shall be permitted to remain.

G. Topsoil. To promote regrowth of vegetation, topsoil graded from cuts and fills and/or secured from other sources shall be stockpiled and/or reapplied upon completion of grading on slopes of less than 4:1 twenty-five percent. Soil stockpiles shall be protected from erosion at all times.

H. Vegetative Protection. When needed and planned, all bare slopes and/or disturbed areas will be planted to both temporary and permanent vegetation as each stage of grading is completed. Sufficient temporary, rapid growing vegetation to stabilize the soil will be used until permanent vegetative cover grows or matures enough to provide permanent stability.

I. Rainy Season Operations.

1. Existing ground cover shall not be cleared, destroyed, burned or disturbed more than fifteen days prior to grading or construction work unless approved in advance by the building official.

2. Plans for temporary and/or permanent erosion and sediment control shall be submitted to the building official by September 1st of each year and all approved erosion and sediment control practices shall be installed by October 15th of each year.

3. When land development work is allowed during the rainy season, adequate erosion and sediment control measures must be in place during any land disturbance, and temporary erosion control measures must be applied to all soils bared at the end of each working day. Sufficient erosion control materials shall be kept on the site at all times to be installed immediately by the permittee upon advent of any rainfall, winds, or other storm event that may be expected to cause accelerated erosion.

4. All cuts and fill slopes, except sand slopes or dunes, without satisfactory vegetative cover between growing seasons shall be mulched with a minimum of four thousand pounds of straw or equivalent per acre of slope surface. Mulch will be anchored to the slope by punching or tacking into the soil or with netting installed over the mulch. Additional mulching and/or other anchoring methods as recommended by the erosion control specialist may be required by the building official.

5. Within ten working days after seeding, fertilizing and/or mulching, if necessary due to climate or drought conditions, the permittee will commence irrigation or watering of the seeded areas or slopes and shall continue until the rains come and/or a vegetative ground cover is permanently established. All other erosion and sediment control practices shall be installed prior to seeding and mulching.

6. All erosion and sediment control practices shall be closely monitored throughout the rainy season and/or slippage of cut and fill banks shall be repaired by the permittee at his expense.

J. Dust. Dust from grading operations must be controlled. The permittee may be required to keep adequate equipment on the grading site to prevent dust problems.

K. Erosion Control Coordination with Project Installation.

1. All vegetative and/or structural measures required to safely discharge any accelerated runoff generated by the project shall be installed during the first or initial construction phase of the project.

2. Land shall be developed in units of workable size which can be completed in a single construction season. Erosion and sediment control measures shall be coordinated with a sequence of grading, development and construction operations and all necessary erosion control measures shall be put in effect prior to the commencement of the next work unit and/or rainy season.

3. Prior to the completion and final acceptance of the project, all erosion control measures must be in place and all exposed bare soil shall be mulched, fertilized and planted to a permanent vegetative cover. Native or naturalized vegetation should be used. Upon recommendation by the erosion control specialist, the building official may require watering of planted areas to initiate the assured growth.

L. Livestock. Where necessary to assure that water quality is not affected by the keeping of livestock, vegetative buffer and/or filter strips shall be established on all downhill sides of areas where livestock are kept. The width of the buffer strip shall be determined by the erosion control specialist. Also, additional erosion and sediment control practices may be required by the building official to control runoff and pollution from the areas where livestock have destroyed and torn up the protective vegetation.

M. Maintenance. All on-site erosion control facilities shall be properly maintained by the owners for the life of the project so that they do not become nuisances with stagnant water, heavy algae growth, insect breeding, odors, discarded debris and/or safety hazards. Vegetative maintenance required may include mowing, fertilization, irrigation and/or re-seeding.

(Ord. 102.6 § 2 (part), 1997)

A. General. Excavation, grading, filling, clearing and erosion control work for which a permit is required shall be subject to inspection by the building official. For engineering grading, the building official may require supervision, regular inspection, and special testing be performed and certified by the civil engineer (or other professional) who prepared the approved plan; and the civil engineer shall also be responsible for the professional inspection and approval of work within his area of technical specialty. This responsibility shall include, but need not be limited to, inspection and approval as to the establishment of line, grade and drainage of the development area.

B. Inspections Required. The following inspections shall be required, but not limited to:

1. Pre-site inspection to determine the suitability of the proposed project and the existing and potential erosion and sediment hazards;

2. Periodic ongoing project operations progress, including compaction and special testing as may be required by the approved plan;

3. Final inspection determining compliance with terms and conditions of this chapter and the permit. Final approval shall not be given until all work including installation of all drainage facilities and their protective devices and all erosion control measures have been completed in accordance with the final approved plan and the required reports have been submitted.

C. Notification. The permittee shall notify the building official two working days prior to the beginning of the operation authorized by the permit, two working days before the project is ready for final inspection, and one complete working day prior to any other inspection or testing requested by the permittee.

D. Recording Notice of Violation. Whenever the building official determines that work has not been completed or is not progressing in accordance with a permit or the plans and specifications relating thereto, or whenever the building official determines that work has been done without the required permit, the building official may record a notice of violation. The owner(s) of the property, as revealed by the assessment roll, on which the violation is situated and any other person responsible for the violation shall be notified of the recording, if their address is available.

E. Stop Orders. A stop work order may be issued by the building official for any or all work within the permit area boundary as shown on the approved plans and described in the permit application including, but not limited to, building construction and site development work whenever any of the following occur:

1. Work is being done in violation of the provisions of this chapter;

2. Erosion control measures are not in place by the beginning of the rainy season;

3. Land development work has been allowed during the rainy season but adequate erosion and sediment control measures are not in place during any land disturbance;

4. Land development work has been allowed during the rainy season but temporary erosion control measures are not applied to all soils bared at the end of each working day;

5. Land development work has been allowed during the rainy season but sufficient erosion control materials are not kept on the site to be installed immediately by the permittee upon advent of any rainfall, winds, or other storm event that may be expected to cause accelerated erosion.

(Ord. 102.6 § 2 (part), 1997)