HomeMy WebLinkAbout40111
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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
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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.
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"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.
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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.
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{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.
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{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
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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
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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
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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.
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(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
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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.
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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.
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(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.
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(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:
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~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.
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(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.
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(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:
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(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
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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.
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(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.
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(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:
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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
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