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HomeMy WebLinkAbout40111 2 3 4 5 6 ~r a 9 10 ', 11 12 13 ~~ 15 16 17 zs 19 20 21 zz 23 24 25 Ordinance No. 4011 AN ORDINANCE OF THE COUNTY OF BUTTE AMENDING ARTICLE T, ENTITLED "GRADING", OF CHAPTER 13, ENTITLED "GRADING AND MINING", OF THE BUTTE COUNTY CODE The Board of Supervisors of the County of Butte ordains a follows: Section 1. Article 1 of Chapter 13, consisting of Sections 13- through 13-16, of the Butte County Code is amended to read a follows: Articles I. Grading 13-1 Purpose. Butte County is noted for its scenic natural beauty, for it streams, creeks, and vernal pools, for its diversity o vegetation including rare and endangered plant species, for it fish and other wildlife, and for its sources of water. All of the said resources are subject to serious damage b improper and uncontrolled grading, including, but not limite to, erosion and siltation jeopardizing or destroying fish an other wildlife and the disruption or contamination of sources o water being used for domestic and other purposes. The purpose of this Article is the control of erosion an siltation., the enhancement of slope stability, the protection o said resources and the prevention of related environmen.ta 1 1 2 3 4 5 6 s 9 to 11 lz 13 14 15 16 ~. 7 1a 19 zo 21 22 23 24 25 damage by establishing standards and requiring permits for grading. 13-2 Definitions. For the purpose of this Article, the following words and phr shall have the meanings respectively ascribed to them by thi (section: "Agricultural Operation" means any land-related activity foz agricultural purposes, including farming, dairying, pasturage, aquaculture, agriculture, horticulture, floriculture, viticulture, apiaries and animal and poultry husbandry, and the necessary accessary uses; provided, however, that the operati of any such accessory uses shall be secondary to that of the normal agricultural activities. As used in this definition, "accessory use" means those supply, service, storage anc processing areas and facilities for any other agricultural land. The above uses sha11 not include stockyards, slaughterhouses, hog farms, fertilizer works or plants for the reduction animal matter, "Best Management Practices" (BMPs) means physical and manageria practices that, when used separately, or in combination, preve:n or reduce erosion, sedimentation., or pollution of water. A example of a guide for BMPs is the California Stormwater Qualit Association {CASQA), Stormwater Best Management Practice Handbook For Construction. 2 1 z 3 5 '~ b 7 B 9 10 11 1z 13 14 15 16 17 1s 19 20 21 zz a~ 24 25 "Agricultural Process Grading Review" means the process o~ review by the United States Department of Agriculture {U.S.D.A.) and Butte County Agricultural Commissioner of proposed Best Management Practices and proposals far grading for agricultural purposes. "Channel" means a natural stream that conveys water; a ditch oz channel excavated for the flow of water. "Director" means the director of the department of public work or his duly authorized designee. "Drainage" means the removal of excess surface water oz groundwater from land by means of surface or subsurface drains. "Erosion" means the wearing away of the land surface by water or wind.. "Grading" means any earth movement, including excavation anc filling, or any combination thereof. "Non-agricultural vegetation" means any vegetation on a parce] of land which has no history of prior agricultural use a~ determined by the Agricultural Commissioner's Office or the County Assessor. llstorm Water Pollution Prevention Flan" {SWPPP) means a detailec sediment and erosion control plan incorporating Best Management Practices required for various construction and industria] activities pursuant to the Federal Clean Water Act and relatec State regulations. ~~~ 1 z 3 g 5 6 7 s 9 ~. o 11 12 13 14 15 16 17 1s 19 20 21 z2 23 24 25 113-3 Permit required. Except as otherwise provided herein, it shall be unlawful f any person to commence or perform any grading of more than 5 cubic yards without first having complied with the condition and requirements of this Article. 13-4 Effect of pending project appl,iaation. A grading permit shall not be approved for a project whic requires a zoning change, subdivision, parcel map or use permit prior to the final approval of said zoning change subdivision, parcel map or use permit. 13-5 Exemptions. A grading permit shall not be required if the amount of gradi is 50 cubic yards or less or meets an.y of the conditio specified below: (a) Excavation and grading authorized by a valid building permi as provided for under appendix J -- Grading of the 200 California Building Code, as adopted by section 26-1 of Chapte 25 of this Cade. Provided, however, that if the excavation an grading to be performed includes the construction of a drivewa longer than: 1.50 feet, the Building Division shall, befor issuing the building permit, direct the applicant to apply t the Director for a determination of exemption pursuant t section. J.3-5.I {b) . (b) Construction of roads for forestry or fire protecti purposes, as required by a governmental fire protection agency. 4 1 2 3 5 6 8 9 to 11 12 13 14 15 16 17 la is 20 21 22 23 2~ 25 {c) Excavations for: cemetery graves, tunnels, wed s, mining quarrying, undergrounding of utilities, public works projects archaeological sites, or dams and public refuse disposal sites controlled by other regulatory agencies. {d) Emergency projects due to landslides, road and bridg washouts, flooding or other natural disasters. {e) Routine maintenance of roads or manmade or engineered floo control channels and levees. {f) Grading specifically authorized by the terms of an discretionary permit or approval granted by the County of Butte. {g) Routine Agricultural Grading maintenance to support, keep replace, refurbish, replant, cultivate and continue in a existing state or condition without decline, including existin~ agricultural improvements, such as, but not limited to, fields pastures, crops, vineyards, orchards, facilities, buildings structures, walls, fences, poles, ponds, reservoirs, dams pipes, irrigation systems, bridges, and roads. All othe agricultural grading for the conversion of existing Non agricultural vegetation to an agricultural operation wil require an Agricultural Process Grading Review by submission o an Agricultural Grading Application to the Butte Count Agricultural Commissioner for review and approval. {h) Maintenance of existing firebreaks and roads to keep th firebreak or road substantially in its original condition. 5 1 2 3 4 6 s 9 10 11 ~,2 13 14 15 16 17 1a 19 20 21 ', 22 2 3 ', 24 2~ {i) Timber harvest and management activities when approved an carried out consistent with the California Forest Practices Act. (j) Clearing of vegetation for fire protection purposes withi 100 feet of a dwelling unit. Any additional clearing for fir prevention, control or suppression purposes is exempt whe authorized or required in writing by a fire prevention o suppression agency. (k} Construction pursuant to subdivision plans or sit improvement plans, which have been approved by the Department o Public Works. The off-site storage of excess soil from approve projects to be used as fill for other approved projects i exempt as long as proper erosion and sediment controls ar maintained at the stockpiled storage site. (1) Maintenance of irrigation and drainage facilities. (m} An excavation for a sewage disposal system or a well that i constructed in accordance with a valid permit issued by th Butte County Public Health Department, Environmental Healt Division. {n) An. excavation far installation, closure, or remediation o an underground storage tank, performed in accordance with valid permit issued by the Butte County Public Healt Department, Environmental Health Division. (o) An excavation for removal or remediation of sit contamination, performed under the oversight of the Butte Count Public Health Department, Environmental Health Division, or th 6 2 4 s B 9 1p 11 12 13 14 15 16 I 17 'I ~. s ' 19 2 o I, 21 2 2 '~ 23 24 25 California Environmental Protection Agency, or the United State Environmental Protection Agency. 13-5.~ Determination of exemption. (a} Any person who is proposing to perform grading that does not qualify for any of the exemptions in Section 13-5 anc exceeds 50 cubic yards may apply for a determination of exemption, if the proposed grading is within one of the following categories: (1) An excavation. that does not exceed ten {10) feet in vertical depth at its deepest point, measured from the original grounc surface, or one thousand (1, 000) cubic yards on any one (1.) lot or parcel of real property. (2) Fill on. a slope of twenty (20) percent or flatter that doee not exceed ten (10) feet in vertical height at it highest point, measured from the original ground surface, or one thousanc (1,000) cubic yards on any one (1) lot or parcel of real property. (3) Exploratory excavations which do not exceed one thousanc {1, 000) cubic yards at an.y one (~.) site. (b) The application for determination of exemption shall describe the grading which is proposed including the followinc information: Maximum depth of excavations and fills, maximun slope of area to be graded, volume of excavations and fills, purpose of the grading, and the nature of land use proposed it connection with the grading, potential drainage impacts, anc 7 2 3 5 6 e 9 to 11 12 13 ~~ 15 16 17 18 19 20 z ~. zz 23 24 25 environmental constraints. The application for determinati shall be made on a form approved by the Director, shall identi the property by assessor parcel number and street address, a shall be accompanied by a location map and plot plan. Up receipt of the completed application the Director shall revi it and may make a site inspection and request any additiona information necessary to determine whether or not the propose grading is exempt. The Director shall, within ten (10) days fro' his receipt of all information reasonably necessary, make hi determination and mail notification thereof to the applican stating whether the proposed grading is exempt or a gradi permit is required. (c) Any person receiving a determination of exemption shal comply with the erosion and sediment control requirements a specified in subsections (1} and (2} below: (1) All excavations or fi11s that disturb one acre or greate must comply with the State Construction Stormwater Permit an supply a copy of the required Storm Water Pollution Preventi Plan (SWPPP) to the Public Works Land Development Division. (2) For all excavations or fills that disturb less than one ac it is the responsibility of the property owner to install a maintain Best Management Practices to prevent the offsit discharge of sediments and pollutants from the disturbed site. (d) Yt shah. be unlawful for any person to commence grading of a type described in subsection (a) (1), (2}, or (3}, or tc 8 1 2 3 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 2z 23 24 25 excavate or grade a driveway longer than 150 feet as provided i section 13-5(a), unless and until he or she has obtained determination of exemption from the Director or a grading permi pursuant to this Article. 13-6 Grading Permit application. (a) Application for Grading Permit: Each application for permit that is required by this Article shall be made by th property owner or his authorized agent to the Director on a for furnished for that purpose and shall be accompanied by a permi application fee and environmental review fee as set forth in th Butte County Master Fee Schedule. (b} Application Content: An application for a permit shal include the following information: (1) An accurate location map showing the relation of the projec to the nearby community. (2) An accurate plot plan showing the exterior boundaries of th area affected, and the location of any buildings. (3} A description of the work to be done together with th materials to be used thereon, including depth of fills, Neigh of cuts, proposed spoils location far any excess excavation, an estimated volumes in cubic yards of excavation and fill. (4} The location of all drainage to and from the site and th location of culverts and natural watercourses. (5} A relocation plan for existing waterway or drainag facilities proposed to be altered. 9 1 z 3 5 6 s 9 to 11 12 13 1~ 15 16 17 16 19 zo 21 '~ zz 23 24 25 (6) Details of proposed drainage structures. (7) A description of the methods to be used for erosion sediment control. (8) The Locations of anticipated stockpile areas. (9) Other pertinent information, as requested by the Director. (10) When the total excavation plus the total fi11 exceeds t thousand 0.0,000) cubic yards, a detailed engineering plan specifications, soils engineering report, and erosion sediment control plan, prepared and signed by a licensed civi engineer, will be submitted pertaining to applications involvin one {1) or more of the following: (i) Cuts or fills exceeding fifteen (15) feet in height. (ii) Existing average slopes exceeding twenty (24) percent. 13-7 Enviranntez'~ta~. zevi,ew. Permit applications shall be referred to the planning divisi for review pursuant to the Butte County Environmental Revi Guidelines and the California Environmental Quality Act. 13-8 Engineering plans and specifications. Engineering plans and specifications, when required pursuant t section 13-6(b)(10), sha11 be drawn to scale upon reproducibl paper or mylar and shall. be of sufficient clarity to indicat the nature and extent of the work proposed and show in detai that it will conform to the provisions of this Article and all relevant laws, ordinances, rules and regulations. The f (sheet of each set of plans shall give the location of the work 10 z 3 5 6 s 9 la 11 lz 13 14 15 16 ~~ 18 19 20 21 22 23 24 25 and the name and address of the owner and the person by w they were prepared. The plans shall include the follow linformation: (1} General vicinity of the proposed site. (2) Property limits and accurate contours of existing ground details of terrain and area drainage. (3} Limiting dimensions, elevations or finish contours to achieved by the grading, and proposed drainage channels related construction. (4) Detailed plans and/or specifications of all surface subsurface drainage devices, walls, cribbing, dams and of protective devices to be constructed with, or as a part of, proposed work, together with a map showing the drainage area a the calculated runoff of the area served by any drains. (5) Location of buildings or structures on the property whe the work is to be performed and the location of buildings structures on land of adjacent owners which are within fifte (15) feet of the property and which may be affected by t proposed grading. (~} A detailed list of the materials to be incorporated in work and quantities of each item, including, but not limited to, earth work, pipe lengths and concrete. (7} Other pertinent information as requested by the Director. 139 Soils engineering report. 11 2 3 5 6 7 e 9 1a ~~ 12 13 14 15 16 17 ~~ 19 20 21 22 23 2~ 25 The soils engineering report, when required pursuant to sectior 13-6{b}(10), shall include data regarding the nature, distribution and strength of existing soils, conclusions anc recommendations for grading procedures and design criteria fox corrective measures, when necessary, and recommendation: covering adequacy of sites to be developed by the proposec grading. Recommendations included in the report shall be incorporated in the grading plans or specifications, which shah be subject to review and approval by the Director. 13-10 Erosion and sediment control plan. The erosion and sediment control plan, when required pursuant tc section 13-6(b}(10), shall conform to the standards of thi: Article and sha11 contain measures to be incorporated into the proposed work. The plan shall contain a description of temporary and permanent measures for: {1) Protection of established vegetation. (2) Minimizing disturbance or removal of established vegetation. (3) Revegetation of disturbed areas. (4) Drainageway protection. (5) Sediment detention. {6) Rill slope protection. {7) Cut slope protection. (8) Disposal of spoil material. (9) Protection of stockpile material. {10} Dust control. 12 1 z 3 4 5 6 9 14 11 12 13 14 15 is 17 16 19 20 21 22 23 24 25 (11) Other pertinent information as requested by the Director. 13-~.1 Standards. {a) General: When a permit is required pursuant to this Article the grading plan and erosion and sediment control pla applicable to the project shall conform to the standards se forth herein. (b) Erosion and Sediment Control. A SWPPP detailing Bes Management Practices shall be used for erosion and sedimen control. { 1) Sediment caused by the grading project shal l be retained o the site to the greatest extent feasible. The rate of erosio after completion, of the project should not exceed the n.atura erosion rate which occurred prior to the grading project. I erosion exceeds the natural rate, erosion and sediment contro measures shall be immediately implemez~.ted to reduce erosion t allowable levels. {2) Where practical and feasible, sediment basins, sedimen traps, or similar sediment control measures, temporary o permanent, shall be installed prior to grading operations. Upo completion of construction and stabilization of soils, al temporary erosion control facilities shall be removed from th site. All permanent sediment control measures must b maintained by the parcel owner. Notification of sue maintenance must be provided annually by the owner to th Department of Public Works. I3 2 3 5 6 7 s 9 10 ~. ~ 12 13 ~.~ 15 16 17 ~. s 19 20 23. 22 23 2~ 25 (c) Established Vegetation: (1) Established vegetation shall be retained and protected wherever possible, unless removal is required for public healt and safety. (2} When vegetation must be removed, the method shall be on that will minimize the erosive effects from the removal. (3} Exposure of soil to erosion by removing vegetation shall b limited to the area required for immediate constructio operations. (d} Grading Practices and Setbacks: (1} Grading operations shall be conducted so as to contro sediment production and dust on the project site and oche properties. (2} The setbacks specified by this section are minimu requirements and may be increased by the Director or by th recommendation of a civil engineer, soils engineer o engineering geologist, if necessary for safety and stability, o to prevent damage to other properties, structures, channels, an roadways from deposition or erosion, or provide access for slap maintenance and drainage. Retaining walls and/or dee foundations may be used to reduce the required setbacks whe approved by the Director. (3) The required setbacks described in (d) (2) above are a follows: 14 11 z~' ~' 4 5 6 7 B 9 10 11 12 13 14 15 16 17 1a 19 20 21 22 23 24 25 ~Tncreased setback may be required if interceptor drains are necessary. ~ (e) Control of Runoff ~{1) Each plan which makes changes in surface water dra shall be required to: ~a. Make provision to handle upstream off-site runoff through project site, based on projected storm runoff from t watershed. b. Provide and install, at the owner's expense, pertinen drainage, erosion and sediment control structures. c. Retain sediment being transported by runoff water on sit through the use of sediment basins, silt traps, or simila control structures. (2} Release of concentrated surface water runoff shall only b directed into existing drainage facilities, swales o watercourses, at velocities which will not cause the natura erosion rate to be exceeded. 15 1 2 3 6 a 9 ~o ~1 ~.z 13 14 15 16 ~~ ~s 19 zo 21 22 23 24 25 (f) Slope Construction: (~.) Slopes shall not be steeper than one-to-one (1:~.) for cut and one and one-half-to-one (1~:1.) for fills, unless a steepe slope is determined suitable by geological and soils engineerin analysis. Erosion control measures shall be included in th plans and specifications. (2) Slopes shall not be constructed so as to endanger or distur adjoining property. (g) Revegetation and Slope Surface Stabilization: (1) Mulching, seeding, the planting of shrubs and trees, o other suitable stabilization measures shall be used to protec exposed slopes as necessary to control erosion, sedimentatio and slope stability. Preference shall be given to using locall adapted grasses, shrubs and woody vegetation. (2) Earth or paved interceptors and diversions shall. b installed at the top of cut or fill. slopes where there is potential for erosive surface runoff. (3) Revegetation shall be maintained by the owner unti permanent establishment is achieved. (h) Grading: (1) A11 land within a development site shall be graded to drai and dispose of surface water without ponding, except a otherwise provided herein. (2) Where drainage swales are used to divert surface waters they shall be vegetated or protected, as required. 15 1 2 3 5 6 s 9 to 11 ].2 13 14 1.5 16 17 18 19 20 21 22 23 24 25 (i) Protection of Watercourse: (1) Fills shall not block or change natural watercourses (constructed channels. I(2) Excavated materials shall not be deposited or stockpiled i ~or alongside the streams, lakes or watercourses where materials may be washed away by high water or storm runoff. (j) Disposal of Cleared Vegetation: Vegetation removed dur clearing operations shall be disposed of by one (1) or more the following methods: (1) Chipping all or some of the cleared vegetation for use a mulch or compost on the site. (2) Burni~n.g all or some of the cleared vegetation. Material be burned shall be piled in a manner and in such locations a will cause the least fire risk and least damage to adjacen trees. Burning shall be thorough, so that the materials ar reduced to ashes. No logs, branches or large charred piece shall be permitted to remain. Burning shall comply with Butt County Air Pollution Control District and local fire departmen or district regulations. (3) Disposing of the balance of the material in a manner and a a location approved by the Director. (k) Excavated and Fill Materials: Excavated material remove during grading operations and imported fill material shall handled in accordance with the following methods: 17 1 2 3 4 5 6 s 9 ~o 11 ~z 13 14 ~~ ~s 17 16 x~ zo 21 22 23 24 25 (1) Stockpiling sufficient topsoil on the site if necessary fo use on areas to be revegetated. (2) Locating stockpiled soil so that it will not become a sourc for off-site sediment damage. {3) Promptly backfilling and compacting stockpiled soil int trenches and pits to reduce the risk of erosion. (4) Applying mulch or other protective coverings on stockpile material which will be exposed through the winter season. (5) Excavated material not to be used at the site shall disposed of in a manner and at a location approved by Director. (6) At the discretion of the Director, excavated material imported material placed in permanent fill may be required t be compacted in accordance with section 19 of the State o California Department of Transportation Standard Specificatio dated July 2001. 13-12 Bonding. The Director shall recommend financial assurances in such f and amounts as may be deemed necessary to assure that th permitted work, if not completed in accordance with the approve plans and specifications, will be corrected to eliminat hazardous conditions or to mitigate environmental impact. 13-13 Director's report. Upon receipt of a complete application for a grading permit b~ the Director, completion of an environmental review pursuant tc 18 1 2 3 4 5 6 7 e 9 1a 11 12 13 14 1.5 16 17 1E 19 20 21 2z 23 24 25 section 13-7, and the Director's consideration thereof, the Director shall submit a report including his recommendatioza.s to, the planning commission together with a request that the matt be set for hearing by the planning commission. X13-14 Hearing. Upon receipt of the Director's report, the planning commissio shall, in the same manner as provided for in section 24-45.25 0 Chapter 24 of this Code, schedule a public hearing to be hel within forty-five (45) days. The planning commission., on th basis of evidence submitted at the hearing, may approve or den the permit. The determination of the planning commission shall be fina unless a written appeal is filed in the same manner as provide in section 24-45.30 of Chapter 24 of this Code. 13-15 Inspectioxa. The Director shall conduct such inspections as are deeme necessary to ensure compliance with the approved plans an specifications and conditions of the permit, or determination o exemption. The Director shall have the right of entry upon th project premises to conduct such inspections and to clear out o open up the obstruction of any drainage facility deemed contrar to the provisions of the permit, the determination of exemption or this Article. 13-15 Violations. 19 1 2 3 4 5 6 s s 10 11 x, 2 13 14 1.5 16 17 1s z5 20 21 22 23 24 25 (a) Revocation of Permit: Whenever any alleged violation. of the terms of a grading exemption, determination of exemption, or grading permit is brought to the attention of the Director, hE shall, after determining that a violation does exist, either give the permittee a written notice to comply within ten (10) days, or, where continuation of the violation. may adversely affect the public health, safety or welfare, give the permitteE written notice of suspension of the exemption, determination of exemption, or permit and operations thereunder. Said notice shall be personally served or sent by registered mail, return receipt requested, and shall be effective on the date of t personal service or mailing thereof. Tf the permittee does no comply with such a notice to comply within thirty (30) days o if the permittee has been given a notice of suspension, th Director shall request the question of the revocation of th exemption, determination of exemption, or grading permit to placed on the agenda of the next regular planning commiss meeting. Any exemption, determination of exemption, or gradin permit may be revoked or modified by the planning commission i the same manner as specified for use permits in section 24-45.5 of this Cade. (b) Public Nuisance: Any grading in violation of the terms o this Article or any permit issued hereunder is hereby declare to be a public nuisance and may be abated in the manner provides by law. 20 1 2 3 4 5 6 s 10 11 12 13 14 15 16 17 18 19 2a 21 22 23 24 25 (c) Remedies Cumulative: The remedies provided in this Article are cumulative and not exclusive. Nothing in this article bars any legal, equitable, administrative or summary remedy to whit any aggrieved public agency, person, firm, corporation o partnership may otherwise be entitled. Section 2. Severability. Tf any provision of this Ordinance o the application thereof to any person or circumstances is fo any reason. held to be invalid by a court of competen jurisdiction, such provision shall be deemed severable, and th invalidity thereof shall not affect the remaining provisions o other applications of the Ordin.an.ce which can. be given effec without the invalid provision or application thereof. Section 3. Effective Date and Publication. This Ordinance shal take effect thirty (3D) days after the date of its passage. ThE Clerk of the Board of Supervisors is authorized and directed tc publish this Ordinance before the expiration of fifteen (15) days after its passage. This Ordinance shall be published once, with the names of the members of the Board of Supervisors votinc for and against it, in the Enterprise Record, a newspaper o general circulation published in the County of Butte, State o California. PASSED AND ADOPTED by the Board of Supervisors of the County o Butte, State of California, on the 8th day of December, 2009, b the following vote: 21 1 2 3 4 5 6 7 a 9 to 11 lz 13 14 15 16 17 18 19 20 21 22 23 24 j 25 AYES: Supervisors Dolan, Kirk, Lambert, Yamaguchi., and Chair Connelly NOES: None ABSENT: None NOT VOTING: None BILL CONNELLY, Chazx o the Butte County Board of Superviisors ATTEST: SCOTT TANDY, Tnter,im Chief Administrative Officer and Clerk of the Boarder ~7 By: G:\ORDZNANCE\Grading Ordinance 22