Sutter County Municipal Code Ch. 1770 Land Grading and Erosion Control

The purpose of this Chapter is to:

(a) Minimize damage to surrounding properties and public rights-of-way;

(b) Minimize the degradation of the water quality of watercourses;

(c) Minimize the disruption of natural or County-authorized drainage flows caused by the activities of clearing and grubbing, grading, filling and excavating land;

(d) Minimize sediment and pollutant runoff from other construction related activities; and,

(e) Comply with the provisions of National Pollutant Discharge Elimination System (NPDES) permits covering the activities of the County issued by the California Regional Water Quality Control Board (RWQCB).

This Chapter shall apply to all persons within the unincorporated area of the County of Sutter and those areas in County drainage districts.

Except as otherwise provided, the Director is responsible for administering this Chapter and the issuance of Grading and Erosion Control Permits and is authorized, from time to time, to promulgate and enforce policies and procedures consistent with and necessary to implement the purpose, intent and express terms of this Chapter. Any policies or procedures promulgated by the Director shall be filed with the Clerk of the Board of Supervisors.

Except as provided in Sections 1770-050 and 1770-060 of this Chapter, a Grading and Erosion Control Permit issued by the County shall be required before any of the following activities shall occur within the unincorporated area of the County:

(a) Grading, filling, excavation, storage or disposal of 350 cubic yards or more of soil or earthly material; or

(b) Clearing or grubbing of one acre of land or more; or

(c) Grading, filling or storage of 50 cubic yards or more of soil or earthly material in a designated floodway; or

(d) Relocation, reshaping, re-routing, obstructing, or altering an existing watercourse.

A separate permit shall be required for work on each site unless the sites are contiguous; have the same ownership; and, are included in an approved plan. Depending upon the proposed project, the permit may take the form of a Grading and Erosion Control Permit, an Improvement Plan, an Encroachment Permit, a Building Permit or a Floodplain Development Permit, any of which would be issued by the County Building Official or the Director covering the regulated activities.

A Grading and Erosion Control Permit shall not be required for grading activities necessary for agricultural operations, including but not limited to, grading, routine tilling, ripping, leveling, re-contouring or other field preparation activities. However, this exception shall not apply to those activities which constitute a danger to any structure intended for human or animal habitation, any public road, or any watercourse or drainage conduit.

In addition to those activities excluded in Section 1770-050, a Grading and Erosion Control Permit shall not be required for any of the following activities:

(a) Trenching and/or grading incidental to the construction or installation of approved underground pipelines, septic tank disposal fields, conduits and electrical or communication facilities.

(b) Drilling or excavation for post holes or approved wells.

(c) Grading in accordance with plans incorporated into an approved surface mining permit, reclamation plan, sanitary landfill or environmental remediation project, or petroleum product tank removal/installation governed by state law or county ordinance.

(d) Grading associated with drainage or flood control structures owned or operated by a public agency or drainage district responsible for providing drainage/stormwater services to the public.

(e) Grading incidental to routine cemetery excavations and fills.

(f) Grading associated with the maintenance of existing firebreaks and roads to keep the firebreak or road substantially in its original condition.

(g) Grading associated with the routine maintenance of irrigation channels, drainage channels and ditches necessary to restore the original line, grade or hydraulic capacity of the conveyance.

(h) Grading associated with the performance of emergency work necessary to protect life or property. However, the person performing such emergency work shall notify the Director promptly of any such grading and shall apply for a permit within ten calendar days of commencing of the grading activities.

Unless otherwise permitted by law, no grading shall be permitted which would:

(a) Result in the obstruction, impediment, or interference of the natural flow of stormwater so as to cause flooding where it would not otherwise occur;

(b) Aggravate any existing flooding condition; or,

(c) Cause the acceleration of erosion.

Any permit issued for the construction of a privately-owned drainage or stormwater facility, including but not limited to peak flow attenuation/detention basins, storm drains, channels, ditches or swales, shall be conditioned upon the applicant providing a written acknowledgement of the obligation to maintain the facility in accordance with the original design capacity and standards. The acknowledgement shall be recorded with the Sutter County Recorders Office and the maintenance obligation shall run with land. In the event that future drainage improvements negate the need for a privately-owned drainage or stormwater facility, the maintenance obligation may be removed by the Director upon recordation of a document evidencing the removal of such obligation.

No person shall excavate or remove any material from, or otherwise alter, any levee adjacent to a river, creek, bay, or local drainage control channel, without prior approval from the governmental agency or agencies responsible for the operation and/or maintenance of the levee.

All permits issued pursuant to this Chapter shall be based upon an application submitted to the Sutter County Department of Public Works and shall include all of the following:

(a) Name and address of the applicant;

(b) Address and parcel number for the property upon which the grading will occur;

(c) A copy of all entitlements granted for the property by the County, including conditions of approval and the environmental documentation;

(d) A copy of all required State and Federal permits (if applicable);

(e) Grading plans and specifications;

(f) Applicable fees and security deposit as required by this Chapter;

(g) Right of Entry documents for grading on property not owned by the applicant; and,

(h) Other information as may be required by the Director.

Grading equal to or greater than 1,000 cubic yards shall be performed in accordance with the approved grading plan prepared by a civil engineer and shall be designated as "engineered grading." Grading involving less than 1,000 cubic yards shall be designated as "regular grading" unless the Director or Building Official determines that special conditions or unusual hazards exist or if the applicant chooses to have the grading performed as engineered grading. In such a instance, grading shall conform to the requirements for engineered grading.

(a) Regular Grading: Plans and Specifications for regular grading shall include all of the following:

(1) General vicinity map of the proposed site;

(2) Dimensions, including the grade and depth of cut and fill, shown on a plot plan with typical cross-sections;

(3) A statement setting forth:

a. The quantity of material to be excavated;

b. The quantity of material to be filled;

c. Whether such excavation or fill is permanent or temporary; and,

d. The amount of material to be imported to or exported from the site.

(4) Method and standard for compaction;

(5) Location of structures, utilities, existing and proposed roads, watercourses and drainage ways, and major vegetation on the property and on adjacent properties if they might be affected by or are within 30 feet of the proposed grading. In addition, the map shall be required to show, or provide by narrative, the location of discharge points to the nearest natural area (For example: creeks, ponds, rivers, etc.);

(7) The location, implementation schedule, and maintenance schedule of all erosion, sediment, and dust control measures to be implemented or constructed prior to, during or after the proposed activity;

(8) Delineation of the area to be cleared and grubbed; and

(9) If applicable, excess soil stockpile locations or disposal plans.

(b) Engineered Grading: Plans and specifications for engineered grading shall include all of the items required for regular grading in addition to each of the following:

(1) A drainage study with additional hydrologic and hydraulic analysis as required by the Director. Any such study must, at a minimum, demonstrate that post-grading runoff rates and volumes will not exceed pre-construction runoff rates and volumes. The drainage study must identify pre-grading and post-grading stormwater runoff rates for a 100-year rainfall event at every location where runoff leaves the property;

(2) Accurate contours with maximum two-foot contours and spot elevations where relatively flat conditions exist, showing existing topography and elevations, location, extent and slope of all proposed grading shown by contours, cross-sections or other means, and location of any disposal areas, fills or other special features to be included in the work;

(3) Geotechnical engineering or engineering geology reports used; and

(4) Any additional information and/or analysis required by the Director or applicable standards, laws, regulations and ordinances.

Any act performed under the authority of a written permit issued pursuant to this Chapter must be done in accordance with the terms and conditions of the permit and in compliance with all applicable standards, laws, regulations and ordinances. Failure to comply with these provisions shall constitute grounds for suspension or termination of the permit pursuant to Section 1770-260 of this Chapter.

The Director shall be authorized to require the posting of security for grading activities in excess of 1,000 cubic yards. The amount of the security shall be an amount equal to the Director's estimated cost for stabilizing the site should the grading activities be abandoned or stopped prior to completion. The need for security will be determined based upon the potential harm to surrounding properties and public rights-of-way; the potential degradation of water quality and watercourses in close proximity to the grading activities; and/or the potential disruption to existing drainage flows. The posting of security shall be a prerequisite to the issuance of the Grading and Erosion Control Permit

The Director shall have the authority to use the posted security to finance remedial work undertaken by, or on behalf of, the County to stabilize the site in the event that the grading activities were performed contrary to the provisions of the permit or the project is abandoned or stopped prior to completion. Within ten days of completion of all stabilization activities, the Director shall provide to the applicant, an itemized statement of the expenses incurred and a refund of any excess security.

Any security held pursuant to this section shall be refunded to the applicant upon issuance of a certificate of completion in compliance with Section 1770-250 or upon voluntary relinquishment of the permit, provided however, that the applicant has complied with the provisions of this Chapter and the security is not needed to finance remedial work undertaken by the County in accordance with this section.

Whenever any portion of the work contemplated by the Grading and Erosion Control Permit requires entry onto adjacent property for any reason, the applicant shall obtain the written consent of the adjacent property owner or his/her authorized representative, and shall provide a copy of the consent form to the Director before a permit for such work may be issued.

Applicant shall be required to pay a fee to the County to cover the administrative costs associated with plan review, material testing, site inspections and any other services performed in connection with the application. The amount of the fee shall be established from time to time by a resolution of the Board of Supervisors.

Applications for Grading and Erosion Control Permits may be subject to the requirements of the California Environmental Quality Act (CEQA). All applications will therefore be reviewed to determine the applicability of CEQA prior to approval and issuance of the permit. Any application subject thereto shall be required to comply with all CEQA requirements prior to issuance of the permit.

The recipient of a Grading and Erosion Control Permit shall be required to control erosion and sediment throughout the grading activities so as to prevent damage to public or private property and shall comply with all water quality control standards. The recipient shall also be required to control erosion so as to prevent the discharge of sediment or other pollutants and specifically to prevent any such discharge from entering any watercourse or water body.

An Erosion and Sediment Control Plan shall be prepared for all projects involving grading activities in excess of 1,000 cubic yards. The plan shall specify how the applicant proposes to:

(a) Control surface runoff and erosion;

(b) Retain sediment on a particular site; and,

(c) Prevent pollution of site runoff during preconstruction and construction-related grading activities which occurs before the final improvements or permanent structures are complete.

For those projects where more than one acre of soil will be disturbed, a Storm Water Pollution Prevention Plan shall suffice as the Erosion and Sediment Control Plan. The plan shall be prepared and submitted concurrently with the grading plan and shall include all of the information required for a Storm Water Pollution Prevention Plan.

Permit applications and improvement plans shall be reviewed the Director who shall, in accordance with the provisions of this Chapter, approve, conditionally approve or deny the application. Only work shown in the approved grading plan shall be authorized by the permit issued by the Director.

Only projects conforming to the general, specific, community, and/or capital improvement plans shall be approved by the Director.

At the time of issuance of the permit, the Director may impose such requirements or conditions as may be necessary to ensure compliance with all applicable laws, regulations, and ordinances; the provisions of this Chapter; and, the County Improvement Standards. Such conditions shall be reasonably related to the public need created by the proposed activity. Conditions to mitigate the environmental impact of the proposed activity may also be imposed by the Director.

A Grading and Erosion Control Permit shall be effective upon the date of issuance and shall remain in force for a period of one year, unless it is otherwise suspended, revoked, or voluntarily relinquished by the recipient. Prior to expiration of the permit, the recipient may apply for an extension of time within which to complete the proposed work. The Director shall have the discretion to authorize extensions as necessary.

A Grading and Erosion Control Permit shall not be transferable or assignable unless approved by the Director and the person to whom the permit is to be transferred agrees to comply with the requirements of the original permit and to any conditions imposed therein.

Any proposed change in the activity authorized by the permit shall be submitted to the Director for evaluation and review. No activity shall be performed on any proposed change until such time as it has been approved by the Director. The Director shall review any proposed change in the same manner, and pursuant to the same standards, as the original application.

All permit applications submitted shall include a provision which authorizes the Director to enter and inspect any property subject to the permit to assure compliance with the provisions of this Chapter and any applicable standards, laws, regulations and ordinances. The application shall also authorize the Director to perform the remedial work contemplated by Section 1770-130 and to finance that work with any security posted for that purpose.

Should any control measure contained in the Erosion and Sediment Control Plan fail to prevent the discharge of sediment and/or pollution from the project site, the permit recipient shall provide written notification to the Director within 24 hours of any such failure.

All work performed under a Grading and Erosion Control Permit shall be conducted in a manner so as to minimize the potential for discharge of sediment and/or pollution from the project site. Should any work performed under the permit be delayed for a period in excess of 15 calendar days, the permit recipient shall immediately notify the Director and shall take all steps necessary to prevent damage through erosion or sedimentation to:

(a) Adjoining properties;

(b) The public rights-of-way; and,

(c) Any natural or artificial drainage facility or watercourse.

If work is delayed for a period in excess of 90 calendar days, the Director may require the property subject to the permit to be graded so that it blends into the adjacent terrain.

Upon completion of the work contemplated by the Grading and Erosion Control Permit, the permit recipient shall provide notice of completion to the Director and, for any project which has involved grading activities in excess of 1,000 cubic yards, shall provide a set of record plans showing the as-graded ground surface elevations, lot drainage patterns, and, the location and elevation of surface drainage facilities and any outlets of subsurface drains. The Director or his/her authorized representative shall thereafter inspect the site to assure compliance with all permit requirements and, provided all requirements have been met and all fees have been paid, shall issue a certificate of completion for the project.

The Director shall have the authority to suspend or revoke a Grading and Erosion Control Permit for any of the following reasons:

(a) The physical state of the property differs from the description, plans or information furnished to the Director in the permit application;

(b) The activity does not conform to the approved plans, grades, conditions or terms of the permit;

(c) The activity is in violation of this Chapter or any applicable standard, law, regulation or ordinance;

(d) Any reports required by the permit have not been submitted to the Director; or,

(e) Any of the information contained in any report submitted to the Director is materially incorrect.

The Director may suspend or revoke a Grading and Erosion Control Permit by issuing a notice of suspension or revocation to the permit recipient. The notice shall set forth the basis upon which the suspension or revocation has been issued and shall be served, by first class mail, on the permit recipient. The permit recipient shall immediately thereafter cease all grading activities until such time as a new permit is issued or the Director issues a written notice to proceed. The permit recipient shall have 15 calendar days after the date of service of the suspension or revocation within which to correct the condition giving rise to the suspension or revocation. Failure to correct the condition within that time period will result in the suspension or revocation becoming final.

It shall be unlawful for any person, firm, corporation, public agency, or any political subdivision of the State of California to do, or cause to be done, any of the following without having first secured a permit from the County:

(a) Construct, place, or maintain any structure, obstruction, or fill which would retard or obstruct the flow of water within a waterway or upon or between the banks of a waterway;

(b) Deposit rubbish upon or within the banks of a waterway; or,

(c) Any other activity that would alter the capacity, drainage pattern or discharge characteristics of a waterway or drainage.

The issuance of a permit hereunder shall not be construed as imposing any liability upon the County or upon any of its officers, employees, or agents by reason of damage or injury to persons or property resulting from any activity, repair, improvement, excavation or obstruction authorized by the permit. Neither issuance of Grading and Erosion Control Permit under the provisions of this Chapter nor compliance with any conditions or requirements imposed by the permit issued hereunder shall relieve any person from responsibility for damage to any person or property.

(Ord. 1522, Sec. 1, December 8, 2009)