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Ord 1647 - Deleting application of Chapter 70 of the Uniform Building Code and adding Chapter 36 to the Los Gatos Town Code entitled "Grading, Erosion, and Sediment Control"ORDINANCE NO. 1647 AN ORDINANCE OF THE TOWN OF LOS GATOS DELETING APPLICATION OF CHAPTER 70 OF THE UNIFORM BUILDING CODE AND ADDING CHAPTER 36 TO THE LOS GATOS TOWN CODE ENTITLED "GRADING, EROSION AND SEDIMENT CONTROL" The Town Council of the Town of Los Gatos does ordain as follows: Section 1. Section 7.02.010 of the Town Code is hereby amended as follows: Section 7.02.010. Uniform Building Code Adoption The Uniform Building Code, 1932 Edition, with Appendix Chapters 7, Part I, Part II, 32, 35, 49, 55, and 57 with modifications and omissions provided in Sections 7.02.020 through 7.02.040 of this article, is adopted by reference. Section 2. Chapter 36 of the Los Gatos Town Code is hereby enacted as follows: CHAPTER 36 GRADING, EROSION AND SEDIMENT CONTROL Article I Title, Purpose and General Provisions Sec, 36.01.010 Title. This Chapter shall be known as the "Town of Los Gatos Ong, Erosion and Sediment Control Ordinance" and may be so cited. Sec. 36.01.015 Purpose. The purpose of this Chapter is to promote and protect the puu ric interest by regulating land disturbances, land fill and soil storage in connection with the clearing and grading of land for construction. The intent of this Chapter is to establish administrative procedures, minimum standards of review and implementation and enforcement procedures for the protection and enhancement of the water quality of watercourses, water bodies and wetlands, natural and man -made, by controlling erosion, sedimentation, increases in surface runoff and related environmental damage caused by construction - related activities; and to ensure that the intended use of a graded site is consistent with the Town of Los Gatos General Plan, any specific plans adopted thereto and applicable Town of Los Gatos ordinances including the Zoning Ordinance. Sec. 36.01.020 Definitions. When used in this ordinance, the following words shall nave t e meanings ascribed to them in this section: (a) Agricultural Operation: Any land related activity for the purpose of cultivating or raising plants or animals or conserving or protecting lands for such purposes when conducted on agriculturally zoned lands when such activity is not determined by the Town Engineer to be surface mining, borrow pit operations, preparation for construction, construction of any structure for human occupancy, potentially hazardous, or likely result in excessive erosion or sedimentation. (b) Applicant: Any person, corporation, partnership, association of any type, public agency or any other legal entity who submits an application to the Town for grading or landscaping. (c) Bedrock: The solid undisturbed rock in place either exposed at the ground surface or beneath surficial deposits of loose rock or soil. (d) Bench: A relatively level step excavated into sloping natural ground on which engineered fill or embankment fill is to be placed. (e) Best Management Practice (BMP): A technique or series of techniques which, when utilized in a designated manner, is proven to be effective in controlling construction- related runoff, erosion and sedimentation. (f) Civil Engineer: A professional engineer registered as a Civil Engineer by the State of California. (g) Compaction: The increase of density of a soil or rock fill by mechanical means. (h) Cut: See Excavation. (i) Depth of Fill: The vertical dimension from the exposed fill surface to the original ground surface. (j) Depth of Excavation (cut): The vertical dimension from the exposed cut surface to the original ground surface. (k) DRC: The Development Review Committee of the Town of Los Gatos. (1) Embankment: See Fill. (m) Encroachment Permit: A written permit authorizing certain work within a publicly maintained right -of -way. -2- (n) Engineering Geologist: A registered geologist certified as an Engineering Geologist by the State of California. (o) Engineering Geology: The application of geologic knowledge in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works. (p) Erosion: The wearing away and transporting of earth material as a result of the movement of wind, water or ice. (q) Excavation (Cut): The removal of naturally occurring earth materials by mechanical means, and 'includes the conditions resulting therefrom. (r) Existing Grade: The elevation of the ground surface at a given point prior to excavating or filling. (s) Expansive Soil: Any soil which exhibits significant expansive properties as determined by a Geotechnical Engineer or the Town Engineer. (t) Fill (Embankment): The deposit of soil, rock or other materials placed by man and includes the conditions resulting therefrom. (u) Final Erosion and Sediment Control Plan: A set of measures designed to control surface runoff and erosion and to retain sediment on a particular site after all other planned final structures and permanent improvements have been erected or installed. (v) Finish Grade: The final grade of the site after excavating or filling which conforms to the approved final grading plan. The finish grade is also the grade at the top of a paved surface. (w) Geologic Hazard: Any condition in naturally occurring earth materials which may endanger life, health or property. Geologic hazards include, but are not limited to: faults; existing or potential landslides, mudslides, or rock falls; weak, expansive or creeping soil; subsidence; earthquake induced shaking, ground movement, ground failure or liquefaction; and seiche or tsunami inundation. (x) Geotechnical Engineer: A Civil Engineer registered by the State of California who is qualified in the field of soil mechanics and soil engineering. M911 (,y) Geotechnical Engineering: The application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and may include the inspection, testing and construction thereof. (z) Grading: Any land excavation, or filling or combination thereof, or the removal, plowing under or burial of vegetative ground cover. (aa) Grading Plan: A plan prepared in accordance with this Chapter showing grading and related work. (bb) Grading Work: Grading and related work, including, but not limited to, drainage improvements and erosion and sediment control. (cc) interim Erosion and Sediment Control Plan: A set of measures designed to control surface runoff and erosion and to retain sediment on a particular site during the period in which pre - construction and construction- related land disturbances, fills and soil storage occur. (dd) Keyway: A special backfilled excavation which is constructed beneath the toe area of a planned fill slope on sloping ground to improve the stability of the slope. (ee) Land Disturbance /Land Disturbing Activities: Any human activity moving or removing the soil mantle or top 6 inches of soil whichever is shallower. (ff) Land Fill: Any human act'iv'ity depositing soil or other earth materials. (gg) Landscape Architect: A landscape architect registered by the State of California. (hh) Lot: See Parcel. (ii) Owner: The legal owner or - the person shown as the legal owner of the property on the latest equalized assessment roll in the Office of the County Assessor. (jj) Parcel (Lot): Land described as a lot or parcel in a recorded deed or shown as a lot or parcel on a subdivision map or parcel map on file in the County Recorder's Office. (kk) Permit: A written grading permit issued pursuant to this Chapter. (11) Permittee: Any person to whom a permit is issued pursuant to this Chapter. (mm) Person: Any person, firm, corporation or public agency whether principal, agent, employee, or otherwise. (nn) Rainy Season: The period of the year during which there is a substantial risk of rainfall. For the purpose of this Chapter, the rainy season is defined as from October 1 to April 1, inclusive. (oo) Rough Grade: The stage at which the grade approximately conforms to the approved plan. It is also the subgrade required for construction of a road or other paved surface. (pp) Sediment: Any material transported or deposited by water, including soil and debris or other matter. (qq) Site: Any lot or parcel of land or combination of contiguous lots or parcels of land, whether held separately or jointly together in common ownership or occupancy, where grading is to be performed or has been performed. (rr) Slope: An inclined ground surface the inclination of which may be expressed either as the ratio of horizontal distance to a unit vertical distance, or as a percentage determined by dividing the vertical distance by the horizontal distance. (ss) Soil: All earth material of any origin that overlies bedrock and may include the decomposed zone of bedrock which can be excavated readily by mechanical equipment. (tt) Terrace: A relatively level step constructed in the face of a graded slope surface for drainage, maintenance or other purposes. (uu) Town: The Town of Los Gatos. (vv) Town Engineer: The Town Engineer of the Town of Los Gatos, California, acting either directly or through his authorized representatives. (ww) Watercourse: Any natural or manmade channel flowing continuously or intermittently in a definite direction and course and any basin used for the holding, delay or storage of waters, which functions at any time to convey or store storm water runoff. -5- Article II General Requirements Sec. 36.02.010 Grad %n2 Permit Re quired. Except for the exemptions listed hereinafter, no person may grade or do grading work or perform any other land- disturbing or landfil1ing activity without first obtaining a Grading Permit. Sec. 36.02.015 Exemptions (a) General Exemptions: A person performing any land disturbing activity need not apply for a Grading Permit, if all the following criteria are met: (1) Natural and finished slopes are less than 10 %. (2) Volume of soil or earth materials stored is 50 cubic yards or less; (3) The activity results in the diversion of rainwater runoff, either during or after construction, from an area smaller than 5,000 square feet; (4) An impervious surface, if any, of less than 4,000 square feet is created; (5) No drainage way is blocked or has its storm water carrying capacities or characteristics modified; (6) No land - disturbing or filling activities occur within 100 feet of a watercourse. (b) Specific Exemptions: Section (a) notwithstanding, a person performing the following activities need not apply for a Grading Permit: (1) Projects which have excavations (a) less than 2 feet in depth, or fills less than one foot in depth placed on natural terrain with a slope flatter than five horizontal to one vertical, or fills less than 2 feet in depth, not intended to support structures, and that do not obstruct drainage courses, and which include - the following: -6- H) Less than 50 cubic yards of graded material (combined total of cut and fill). (ii) The removal of vegetation from an area less than 1,000 square feet. (iii) Do not create unstable or erodible slopes as determined by the Town Engineer. (c) Grading done by or under the supervision or construction control of the Town. (d) Excavations within the perimeter of a building, swimming pool (pool only), retaining wall footing, or other structure authorized by a valid building permit. (e) Grading necessary for agricultural operations unless such grading will create a cut or fill whose failure could endanger any structure intended - For human or animal occupancy or any public road, or could obstruct any watercourse or drainage conduit or cause any significant erosion as determined by the Town Engineer. (f) Trenching and grading incidental to the construction or installation of approved underground pipe lines, on land having a slope less than 10 %, drilling or excavation for approved wells if the land is restored to its original contour and condition, including reseeding or otherwise restoring vegetation on all disturbed earth surfaces immediately after such grading work is completed. (g) Excavations for soil or geological investigations by a Geotechnical Engineer or Engineering Geologist if the land is restored to its original contour and condition including reseeding or otherwise restore vegetation on all disturbed earth surfaces immediately after the investigation. (h) Maintenance of existing firebreaks and roads to keep the firebreak or road substantially in its original condition. (1) Routine cemetery excavations and fills. (j) Performance of emergency work necessary to protect life or property when an urgent necessity therefor arises. The person performing such emergency work shall notify the Town Engineer promptly of the problem and work required and shall apply for a permit therefor within ten calendar days after commencing said work and shall comply with all conditions of such permit. Exemption from the requirement of a permit shall not be deemed to be permission to violate any provision of this Chapter. -7- Sec. 36.02.020 Gra ding. No person shall do or permit to be done any grading in sum a manner that quantities of dirt, soil, rock, debris, or other material substantially in excess of natural levels are washed, eroded, or otherwise moved from the site, except as specifically provided for by a permit. Sec. 36.02.025 Water Obstruction. No person shall do or permit to be done any grading w Rc may obstruct, impede or interfere with the natural flow of storm waters, whether such waters are unconfined upon the surface of the land or confined within land depressions or natural drainage ways, unimproved channels or watercourses, or improved ditches, channels or conduits, in such manner as to cause flooding where it would not otherwise occur, aggravate any existing flooding condition or cause accelerated erosion except where said grading is in accordance with all applicable laws, including but not limited to permit requirements. Sec. 36.02.030 Safe2uardin2 of Watercourses. Any proposed grading work which could result in a connection or discharge into or modification of the flow of a watercourse may, at the discretion of the Town Engineer, require a Grading Permit. Sec. 36.02.035 Construction in Public Ri ht -of -Way. No person shall perform any grading work w thin t e ri g t- o -way of a p u b l i c road or street, or within.a public easement, without prior approval of the Town Engineer. Sec. 36.02.040 Hazards. Whenever the Town Engineer determines that any grading on private property constitutes a condition which is a hazard to public safety, endangers property, adversely affects the safety, use or stability of adjacent property, or an overhead or underground utility, or a public way, watercourse or drainage channel, or could adversely affect the water quality of any water bodies or watercourses, the owner of the property upon which the condition is located, or other person or agent in control of said property, upon receipt of notice in writing from the Town Engineer shall, within the period specified therein, abate such condition and render the grading in conformance with the requirements of this Chapter. The Town Engineer may require the submission of plans or soil or geological reports, detailed construction recommendations, or other engineering data prior to and in connection with any corrective or proposed work or activity. Sec. 36.02.045 Administration. This Chapter shall be administered by the Town ngineer artment. Article III Procedures Sec. 36.03.010 Filing. Applications for permits shall be filed with the Town ngzneer on forms furnished by his office. Each application shall include a plan checking fee and other fees as required, preliminary or final grading plans and a statement of the intended use of the site. The Town Engineer shall determine whether the application is complete in accordance with provisions of Article IV herein and may require additional information from the applicant before accepting the application as complete. Sec. 36.03.015 Referral to Other Public Agencies. The Town Engineer may refer an app icatlon to other interested public agencies for their recommendations. Sec. 36.03.020 Permit Conditions. (a) Where a proposed grading project requires the filing of a tentative map or the intended use requires approval of a discretionary zoning permit, no grading permit shall be granted prior to approval by the applicable planning authority. (b) The permit shall be limited to work shown on the grading plans approved by the Town Engineer. In granting a permit, the Town Engineer may impose any condition deemed necessary to protect the health, safety and welfare of the public, to prevent the creation of a nuisance or hazard to public or private property, and to assure proper completion of the grading, including but not limited to: (1) Mitigation of adverse environmental impacts. (2) Improvement of any existing grading or correction of any existing grading violation to comply with the standards of this Chapter. (3) Requirements for fencing or other protection of grading which would otherwise be hazardous. (4) Requirements for dust, erosion, sediment and noise control, hours of operation and season of work, weather conditions, sequence of work, access roads and haul routes. (5) Requirements for safeguarding watercourses from excessive deposition of sediment or debris in quantities exceeding natural levels. In (6) Assurance that the land area in which grading is proposed and for which habitable structures are proposed is not subject to hazards of land slippage or significant settlement or erosion and that the hazards of seismic activity or flooding can be eliminated or adequately reduced. (7) Temporary and permanent landscape plans. Sec. 36.03.025 Permission of Other Agencies-or-Owners.- No permit shall relieve the permittee o respons7 ,ty 'or securing other permits or approvals required for work which is regulated by any other department or agency of the Town, or other public agency, or for obtaining any easements or authorization for grading on property not owned by the permittee. Sec. 36.03.030 Location of Property Lines. Whenever the location of a property Fine or easement or the ale thereto is disputed during the application process or during a grading operation, a survey by a licensed Land Surveyor or Civil Engineer or resolution of title all at the expense of the applicant may be required by the Town Engineer. Sec. 36.03.035 Time Limits. (a) The permittee shall perform and complete all the work required by the permit within time limits specified in the permit. If the work cannot be completed within the specified time, a request for an extension of time setting forth the reasons for the requested extension shall be presented in writing to the Town Engineer no later than 30 days prior to the expiration of the permit. The Town Engineer may grant additional time for the work. (b) If all the permit work required is not completed within the time limit specified in subsection (a) above, no further grading shall be done without renewing the permit. A written request for renewal shall be submitted to the Town Engineer who may require a new application and fees depending on the time between the expiration date and the renewal request, revisions in Town regulations, or changed circumstances in the immediate area. Any revised plan shall be submitted to the Town Engineer for review, and any costs thereof shall be at the applicant's expense. Sec. 36.03.040 Validity. The issuance of a permit or approval of plans and specifications shall not be construed as an approval of any violation of the provisions of this Chapter or of any other applicable laws, ordinances, rules or regulations; and shall not prevent the Town Engineer from thereafter requiring the correction of errors in said plans and specifications or from preventing work being carried on thereunder in violation of this Chapter, or any other applicable law, ordinance, rule or regulation. If any part of this Chapter is found not valid, the remainder of this Chapter shall remain in effect. -10- Sec. 36.03.045 Nuisance Abatement. Neither this Chapter, nor any administrative ruling made under it, limits: (a) The power of the-Town/Council to declare, prohibit and abate a nuisance; or (b) The right of any person to maintain, at any time, any appropriate action for relief against any private nuisance, or for relief against any contamination or pollution. Sec. 36.03.050 Ap��pe__a__l__s_..� Appeals from decisions pursuant to this Chapter shall be Me - to the Town Council in writing setting forth the specific grounds thereto within 10 calendar days from the date of such decision. Sec. 36.03.055 Alication. The application for a Grading Permit must include all of the following items: (a) Architecture and Site Approval number and date of approval. (b) Grading Permit application form. (c) Site map and grading plan. (d) Erosion and sediment control plan. (e) Soils and Geological Reconnaissance Report, where required (see Sec. 36.03.075 -85). (f) Work schedule. (g) Fees. (h) Performance bond or other acceptable security (see Sec. 36.03.100). (i) Any supplementary material required by the Town Engineer. (j) Construction details of special features, including but not limited to, retaining walls, drainage structures and erosion control devices, together with supporting calculations and maps as required. (k) Such supplemental information as required for processing and approval of the design concept and the application as required by the Town Engineer. (1) Outline of the methods to be used in clearing vegetation, and in storing and disposing of the cleared vegetative matter. -11- (m) A projected schedule of operations, including, as a minimum, the dates of: (1) Commencement of work. (2) Start and finish of rough grading. (3) Completion of drainage facilities. (4) Completion of work in any watercourse. (5) Completion of erosion and sediment control facilities. (6) Completion of hydromulching and other landscaping. If rough grading is proposed between October 1 and April 15, a more detailed schedule of grading activities and use of erosion and sediment control facilities may be required. Sec. 36.03.060 Erosion and Sediment Control Erosion and sediment control p ans a as required by the own ngineer. (a) The erosion and sediment control plan sheet not be a separate sheet if all facilities and measures can be shown on the grading sheets without obscuring the clarity of either the grading plan or the erosion and sediment control plan. (b) An erosion and sediment control plan shall be required whenever: 1. The graded portion of the site includes more than 10,000 square feet of area having a slope greater than five percent, or 2. There is a significant risk that more than 2,500 square feet will be unprotected or inadequately protected from erosion during any portion of the rainy season, or 3. Grading will occur within 20 feet of any water course, or 4. The Town Engineer determines that the grading will or may pose a significant erosion or sediment discharge hazard for any reason. (c) The applicant shall submit, with his erosion and sediment control plans, a detailed cost estimate covering this work. -12- (d) Erosion and sediment control plans shall include an effective revegetation - program to stabilize all disturbed areas which will not be otherwise protected. All such areas where grading has been completed between April 1 and September 15 shall be planted by October 1. Graded areas completed at other times of the year shall be planted within 15 days. If revegetation is unfeasible or cannot be expected to stabilize an erodible area with assurance during any part of the rainy season and the unstable area exceeds 2,500 square feet, additional erosion and sediment control measures or irrigation of planted slopes may be required as appropriate to prevent increased sediment discharge. (e) Erosion and sediment control plans shall be designed to prevent increased discharge of sediment at all stages of grading and development from initial disturbance of the ground to project completion. Every effort shall be made to ensure that site stabilization is permanent. If grading occurs in distinct phases or the site will remain unstable through more than one rainy season, more than one set of plans may be required. Plans shall indicate the implementation period and the state of construction where applicable. (f) Erosion and sediment control plans shall comply with the recommendations of the Civil Engineer, Geotechnical Engineer, Engineering Geologist, or Landscape Architect involved in preparation of the grading plans. (g) The structural and hydraulic adequacy of all storm water containment or conveyance facilities shown on the erosion and sediment control plans shall be verified by a Civil Engineer, and he shall so attest on the plans. Sufficient calculations and supporting material to demonstrate such adequacy shall accompany the plans when submitted. (h) Erosion and sediment control plans shall be designed with sufficient flexibility to meet unanticipated field conditions. (1) Erosion and sediment control plans shall provide for inspection and repair of all erosion and sediment control facilities at the close of each working day during the rainy season and for specific sediment clean -out and vegetation maintenance criteria. (j) Erosion and sediment control plans shall comply with any and all standards and specifications adopted by the Town Engineer for the control of erosion and sedimentation on grading sites. The Town Engineer may waive the requirement for an erosion and sediment control plan if, in his opinion, no significant erosion or sediment discharge hazard exists. -13- Sec. 36.03.065 Final Erosion and Sediment Control Plan (F inal Plan The final erosion and sediment control plans shall be as required by the Town Engineer. Sec. 36.03.070 Interim Erosion and Sediment Control Plan (Interim Plan). An interim plan sRall Be require wen gra ing aut or ze under a valid Grading Permit or Building Permit is started prior to October 1st of any year and final erosion and sediment control measures are not in place as required by the Final Plan. The interim plan shall be as required by the Town Engineer. (a) A delineation and brief description of the interim measures to be undertaken to retain sediment on the site, including, but not limited to, the designs and specifications for temporary silt fences, berms and sediment detention basins, and a schedule for their maintenance and upkeep, (b) A delineation and brief description of the interim surface runoff and erosion control measures to be implemented, including, but not limited to, types and method of applying mulches, and designs and specifications for temporary diverters, dikes and drains, and a schedule for their maintenance and upkeep, (c) A delineation and brief description of the interim vegetative measures to be taken, including, but not limited to, seeding methods, the type, location and extent of pre - existing and undisturbed vegetation types, and a schedule for maintenance and upkeep; (d) The location of all the measures listed by the applicant under subsections (a), (b), and (c) above, shall be depicted on the Site Map and Grading Plan. (e) An estimate of the cost of implementing and maintaining all interim erosion and sediment control measures must be submitted in a form acceptable to the Town Engineer. {f) A schedule indicating the times for commencement and completion of the installation of the interim erosion and sedimentation measures. (g) Method(s) for removal of the interim erosion and sedimentation control measures and restoration to natural grade or conformance with Final Plan. -14- Sec. 36.03.075 Soils and Geological Reconnaissance Re ort (Soils Re ort). A Soils Report, w en requgre as a condition of approval of a evelopment proposal shall be based on observation and tests of the material exposed by exploratory borings or excavations and inspections made at appropriate locations. Additional studies may be necessary to evaluate soil and rock strength, the effect of moisture variation on soil, bearing capacity, compressibility, expansiveness, stability and other factors. Sec. 36.03.080 Soils Report - General Requirements. Any soil or geologic (a) Prior to approval of the permit, the applicant shall provide security for the performance of the work described and delineated on the approved Grading Plan, Final Erosion and Sedimentation Control Plan and Interim Erosion and Sedimentation Control Plan (if required), in an amount to be set by the Town Engineer (but not to exceed 100 %) of the approved estimated cost of the grading and erosion and sedimentation control measures. The form of security shall be one or a combination of the following to be determined by the Town Engineer and subject to the approval of the Town Attorney: -15- fnvestigatfon reports a e su 3ect to the approval of, and supplemental reports and data may be required by the Town Engineer. Recommendations included in the reports and approved by the Town Engineer shall be incorporated in the final plans and specifications. Sec. 36.03.085 Soils Report - Specific Requirements. The soil or geologic investigation report shall ave t e form and content required by the Town Engineer. Sec. 36.03.090 Work Schedule. The Applicant must submit a master work schedule as required Town Engineer. Sec. 36.03.095 Fees. The following fees are to be paid pursuant to a schedule of Fees adopted, and amended from time to time by the Town Council: (a) Permit processing and plan checking fee based on the estimate of the cost of grading and erosion and sedimentation control work. (b) An inspection fee based on the estimate of the cost of the grading and erosion and sedimentation control work. (c) The permit processing and plan checking fee is due at the time the permit application is submitted. (d) The inspection fee shall be submitted prior to the approval of the permit. Sec. 3 6.03.100 Security. (a) Prior to approval of the permit, the applicant shall provide security for the performance of the work described and delineated on the approved Grading Plan, Final Erosion and Sedimentation Control Plan and Interim Erosion and Sedimentation Control Plan (if required), in an amount to be set by the Town Engineer (but not to exceed 100 %) of the approved estimated cost of the grading and erosion and sedimentation control measures. The form of security shall be one or a combination of the following to be determined by the Town Engineer and subject to the approval of the Town Attorney: -15- (1) Bond or bonds issued by one or more duly authorized corporate sureties on a form approved by the Town. (2) Deposit, with the Town, money, negotiable bonds of the kind approved for securing deposits of public monies, or other instrument of credit from one or more financial institutions subject to regulation by the State or Federal government wherein said financial institution pledges funds are on deposit and guaranteed for payment. Sec. 36.03.110 Permit Duration. Permits issued under this Chapter shall be valid Tor t e per oTa uring which the proposed land disturbing or filling activities and soil storage takes place or is scheduled to take place, whichever is shorter. Permittee shall commence permitted activities within the scheduled commencement date for grading or the Permittee shall resubmit all required application forms, maps, plans, schedules and security to the Town Engineer. The Town Engineer may require additional fees. Sec. 36.03.115 Assi gnment of Permit. A permit issued pursuant to this Chapter may ems' assig ° nec` , pro ° " v`Je: (a) The Permittee notifies the Town Engineer of the proposed assignment. (b) The proposed assignee: (1) Submits an application form pursuant to Sec. 36.03.055, and (2) Agrees in writing to all the conditions and duties imposed by the permit, and (3) Agrees in writing to assume responsibility for all work performed prior to the assignment, and (4) Provides security, and (5) Agrees to pay all applicable fees. (c) The Town Engineer approves the assignment prior to the assignee beginning work on the project. The Town Engineer shall set forth in writing the reasons for his disapproval of an assignment. -16- Article IV 'Design Standards Sec. 36.04.010 Excavation. Excavations shall be constructed or protected so that they aoo not endanger life or property. Sec. 36.04.015 Excava Slo e. The slope of cut surfaces of permanent excavations shall not be steeper than two horizontal to one vertical exclusive of terraces and exclusive of soundings described herein. Steeper slopes may be permitted in competent bedrock provided such slope inclinations are in accordance with recommendations contained in the geotechnical or geological report. The bedding planes or principal joint sets in any formation when dipping towards the cut face shall not be daylighted by the cut slope unless the soils and geologic investigations contain recommendations for steeper cut slopes. The Town Engineer may require the excavation to be made with a cut face flatter in slope than two horizontal to one vertical if necessary for stability and safety. Cut slopes shall be rounded into the existing terrain to produce a contoured transition from cut face to natural ground. Sec. 36.04.020 Fill Placement. Fills shall be constructed in layers. The loose thickness o? each layer of fill material before compaction shall not exceed eight inches. Completed fills shall be stable masses of well integrated.material bonded to adjacent materials and to the materials on which they rest. Fills shall be competent to support anticipated loads and be stable at the design slopes shown on the plans. Proper drainage and other appropriate measures shall be taken to ensure the continuing integrity of fills. Earth materials shall be used which have no more than minor amounts of organic substances and have no rock or similar irreducible material with a maximum dimension greater than six inches. Sec. 36.04.025 Fill Compacti All fills shall be compacted throughout their full extent to a m! mum of 90 percent of maximum density as determined by appropriate ASTM standard method or other alternate methods approved by the Town Engineer. Tests to determine the density of compacted fills shall be made on the basis of not less than one test for each two -foot vertical lift of the fill but not less than one test for each 1,000 cubic yards of material placed. Additional density tests at a point approximately one -foot below the fill s - lope surface shall be made on the basis of not less than one test for each 1,000 square feet in slope surface but not less than one test for each ten foot vertical increase of slope height. Additional tests may be required throughout the fill as determined by the inspector for the Town Engineer. All tests shall be reasonably uniformly distributed within the fill or fill slope surface. Results of such testing and location of tests shall be presented in -17- the periodic and final reports. Compaction may be less than 90 percent of maximum density, as determined by the above test, within six inches of the slope surface when such surface material is placed and compacted by a method acceptable to the Town Engineer for the planting of the slopes. Compaction of temporary storage fills, to be used for a period of not greater than six months, shall not be required, except where the Town Engineer determines that compaction is necessary as a safety measure to aid in preventing saturation, sliding, or erosion of the fill. Where compaction is required, it shall be done as specified by the Town Engineer. Sec. 36.04.030 Ground Preparation for Fill Placement. The natural ground surface shall e prepared to receive fill By removing vegetation, non - complying fill, top soil, and other unsuitable material, and where slopes are five horizontal to one vertical or steeper, by benching into competent material in a manner acceptable to the Town Engineer. The keyway under the toe, if specified, shall be least ten feet wide. Sec. 36.04.035. Fill Slopes. The slope of permanent fills shall not be steeper than two horizontal to one vertical exclusive of terraces and exclusive of soundings described herein. The Town Engineer may require that the fill be constructed with an exposed surface flatter than two horizontal to one vertical or may require such other measures as he deems necessary for stability and safety. Fill slopes shall be rounded into existing terrain to produce a contoured transition from fill face to natural ground or to abutting cut or fill surfaces where conditions permit. Sec. 36.04.040 Adjacent Structures Protection. Footings which may be affected by any ekcavation_s hall be Underpinned or otherwise protected against settlement and shall be protected against lateral movement. Fills or other surcharge loads shall not be placed adjacent to any building or structure unless such building or structure is capable of withstanding the additional loads caused by such fill or surcharge. The rights of coterminous owners shall be as set forth in Section 832 of the Civil Code of the State of California. Sec. 36.04.045 Setbacks - General. Unless otherwise recommended in a soil and geologic investigation report, Figures 1 and 2 and Table 70c on Pages 735 and 736 of the 1982 Uniform Building Code or said similar provisions as provided for in adopted successor code shall be used for establishing setbacks for property boundaries, buildings and structures other than fences and retaining walls. Sec. 36.04.050 Draina e - General. The drainage structures and devices required by t 1s Chapter sia T'be designed and constructed in accordance with standards and criteria authorized by the Town Engineer. MO Sec. 36.04.055 Draina e - Disposal Requirements. All drainage facilities shall be designed to carry surface and subsurface waters to the nearest adequate street, storm drain, natural water course or other juncture, and shall be subject to the approval of the Town Engineer. Drainage areas shall conform to patterns established by the Town Engineer. Sec. 36.04.060 Drainage - Water Accumulation. All areas shall be graded and drained so that water will not pond or accumulate. Drainage shall be effected in such a manner that it will not cause erosion or endanger the stability of any cut or fill slope or any building or structure. Sec. 36.04.065 Drainage Protection of Adjoining Property. When surface drainage is - M r scharged onto any adjoining property, Yt shall be discharged in such a manner that it will not cause erosion or endanger any cut or fill slope or any building or structure. Sec. 36.04.070. Terrace Draaiin� Terraces at least eight feet in width shall be est """aBlisF - ems not more than 25 feet in height intervals for all cut and fill slopes exceeding 30 feet in height. Where only one terrace is required, it shall be at approximately mid - height. Suitable access shall be provided to permit proper cleaning and maintenance of terraces and terrace drains. Swales or ditches on terraces shall have a minimum depth of one foot, a minimum longitudinal grade of four percent, a maximum longitudinal grade of twelve percent, and must be paved with reinforced concrete not less than three inches in thickness or an approved equivalent paving. Down- drains or drainage outlets shall be provided at approximately 300 foot intervals along the drainage terrace. Down - drains and drainage outlets shall be of approved materials and of adequate capacity to convey the intercepted waters to the point of disposal. If the drainage discharges onto natural ground, adequate erosion protection shall be provided. Sec. 36.04.075 Subsurface Drain Cut and fill slopes shall be provided with sub sur a a n� age as necessary for stability. Sec. 36.04.080 Erosion and Sediment Control. The following shall apply to the control o erosion and - sediment from grading operations: (a) Grading plans shall be designed with long term erosion and sediment control as a primary consideration. (b) No grading operations shall be conducted during the rainy season except upon a clear demonstration, to the satisfaction of the Town Engineer, that at no stage of the work will there be any substantial risk of increased sediment discharge from the site. _19- (c) Should grading be permitted during the rainy season, the smallest practicable area of erodible land shall be exposed at any one time during grading operations and the time of exposure shall be minimized. (d) Natural features, including vegetation, terrain, watercourses and similar resources shall be preserved wherever possible. Limits of grading shall be clearly defined and marked to prevent damage by construction equipment. (e) Permanent vegetation and structures for erosion and sediment control shall be installed as soon as possible. (f) Adequate provision shall be made for long term maintenance of permanent erosion and sediment control structures and vegetation. (g) No top soil shall be removed from the site unless otherwise directed or approved by the Town Engineer. Top soil overburden shall be stockpiled and redistributed within the graded area after rough grading to provide a suitable base for seeding and planting. Runoff from the stockpiled area shall be controlled to prevent erosion and resultant sedimentation of receiving water. (h) Runoff shall not be discharged from the site in quantities or at velocities substantially above those which occurred before grading except into drainage facilities whose design has been specifically approved by the Town Engineer. (1) Permittee shall take reasonable "precautions to ensure that vehicles do not track or spill earth materials into public streets and shall immediately remove such materials if this occurs. Sec. 36.04.085 Eme rgency Conditions. Should increased sediment discharge occur or become mminent, permittee shall take all necessary steps to control such discharge. Such steps may include construction of additional facilities or removal or alteration of facilities required by approved erosion and sediment control plans. Facilities removed or altered shall be restored as soon.as possible afterward or appropriate changes in the plan shall be immediately requested pursuant to this Chapter. Permittee shall take prompt action to resolve emergency problems; otherwise the Town Engineer may suspend or revoke the permit. S'd011 Article V Implementation and Enforcement Sec. 36.05.010 Gradi nq Permit (a) The Grading Permit is issued subject to the conditions set forth in this chapter. (b) The Town Engineer shall enforce the permit through. any procedures set forth in this chapter or by any other means available at law or in equity. Sec. 36.05.015. Issuance of Permits. The Town Engineer shall issue a Grading Permit 7 aut orfze by 59 Planning Commission and upon approval of a Site Map and Grading Plan, Final Plan, Interim Plan, where required, Soils Report, where required, deposit of appropriate security and payment of fees. The Grading Permits shall be issued subject to the following conditions: (a) The Permittee shall maintain a copy of the permit, approved plans and, required reports, on the work site and available for public inspection during all working hours; (b) The Permittee shall, at all times, be in conformity with approved Site Map and Grading Plan, Interim and Final Plans. Sec. 36.05.020 Im lementation of Gradin Permits-- Permittee's Duties. In addition, vermittee s a : (a) Notify the Town Engineer, at least twenty -four (24) hours beforehand, of the beginning of land- disturbing or filling activities or soil storage; (b) Submit to the Town Engineer, reports on: (1) the progress of or delays in land- disturbing or filling activities or soil storage, (2 ) any other departures from the approved Site Map and Grading Plan which may affect implementation of the Interim or Final Plans as scheduled, (3) possible delays in obtaining materials, machinery, services or manpower necessary to the implementation of the Interim or Final Plans as scheduled, (4) the progress of or delays in the implementation of the Interim or Final Plans, -21- (5) any other departures from implementation of the Interim or Final Plans, (6) progress of the grading operations and erosion and sedimentation control measures taken according to the schedule set forth below: (1) for the period from April 15 to September 1, monthly; (11) for the period from September 1 to October 15, weekly; (ill) for the period from October 16 to April 14, monthly or as requested by the Town Engineer. (c) When Permittee proposes to continue land - disturbing or filling activities or soil storage through the wet season, Permittee shall demonstrate that land disturbance is relatively minor and that erosion can be easily controlled, or is a necessary and integral part of an Interim Plan for previously - initiated project phases. Where such activities are approved, Permittee shall submit: (1) a report seventy -two (72) hours prior to and, again, at the start of land — disturbing or filling activities or soil storage, (2) a report seventy -two (72) hours prior to and, again, at the start of implementing the Interim Plan, (3) a report upon completion of the Interim Plan, (4) any other reports required under subsection (b) of this Section. Each report shall contain, where pertinent, the elements described in Subsection (b)(1) -(5) of this Section; (d) Submit to the Town Engineer, upon termination of the Permit: (1) a report on and graphic representation of the Interim and /or Final Plan, as implemented, and (2) a copy of the instructions to be given to the new owners of the improved property by the Permittee or his agent regarding the maintenance of the surface runoff, erosion and sediment control measures and devices implemented under the Final Plan, or, -22- (e) Have an authorized representative of each contractor of subcontractor actually performing the land - disturbing or filling activities or soil storage, or actually procuring the materials, machinery, services or manpower for the Implementation of Interim or Final Plans, sign each report pertinent to him or her, and certify the contents thereof as true. The Permittee shall sign all reports submitted to the Town Engineer and shall attest that each is true and accurate to the best of his or her knowledge. Sec. 36.05.025 Implementation of Grading Permits--Town Engineer's Duties. (a) The Town Engineer shall review all reports submitted by Permittee. Where the Town Engineer finds: (1) delays in implementing or departures from the approved Site Map and Grading Plan, Interim or Final Plans, (2) problems with or breakdowns in any technique provided for by the Interim or Final Plan which are attributable to: (1) the Plans themselves, (ii) their maintenance methods or schedules, (iii) any other causes, which may have deleterious effect on the quality of receiving waters, or increase surface runoff, erosion or off -site sedimentation, the Town Engineer shall require the Site Map and Grading Plan, Interim or Final Plans, and maintenance methods and schedules be modified so as to achieve the same level of water quality and surface runoff, erosion and sediment control as would have been achieved had these problems not arisen. The Town Engineer shall notify the Permittee in writing of the requirement. Permittee shall comply with the order to modify within 7 working days. (b) The Town Engineer shall inspect the work site for compliance with conditions set forth in Sec. 36.05.015, for verification of reports submitted under Sec. 36.05.020, and for the quality of the work being performed under the Interim or Final Plan. Said inspections shall take place: (1) as requested by Permittee, (2) as required under this Chapter, (3) within five (5) working days of September 1, -23- (4) within five (5) working days of September 15, (5) weekly from October 1 through 15, (6) within three (3) working days of or during, the first major rainfall of the wet season, (7) under circumstances described - in Sec. 36.05.020(c), (1) at the onset of implementation of the Interim Plan, and (ii) at the onset of land - disturbing or filling activities or soil storage, (8) after notification to the Permittee of an order to modify under Subsection(a) of this Section, (9) at any other time, at the Town Engineer's discretion. Sec. 36.05.030 Suspension or Revocation evocation of Permit. The Town Engineer shall first have resort to the procedures set forth in this Section before any other enforcement procedure set forth in this Article. (a) The Town Engineer shall suspend the Permit and issue a stop work order, and Permittee shall cease all work on the work site, except work necessary to remedy the cause of the suspension, upon notification of such suspension when: (1) Permittee fails to submit reports timely and in accordance with Sec. 36.05.020, (2) Inspection by the Town Engineer under Sec. 36.05.06.025(b)(1) -(9) reveals that the work or the work site: (1) is not in compliance with the conditions set forth in Sec. 36.05.015, or (i1) is not in conformity with the Site Map and Grad - ing Plan, Interim or Final Plan as approved or as modified under Sec. 36.05.025(a), or (111) is at variance with reports submitted under Sec. 36.05.020(x) -(e), or (iv) is not in compliance with an order to modify under Sec. 36.05.025(a), (3) Permittee fails to comply with an order to modify within the time limits imposed by the Town Engineer [see Sec. 36.05.025(a)]. -24- (b) The Town Engineer shall revoke the Permit and issue a stop work order, and Permittee shall cease work upon the occurrence of any of the following conditions: (1) Permittee fails or refuses to cease work, as required under (a) above, after suspension of the Permit and receipt of a stop work order and notification thereof, (2) any of the conditions set forth in Subsection (a) of this Section occurs in a Sec. 36.02.015 (a) (b) area. (c) The Town Engineer shall reinstate a suspended Permit upon Permittee's correction of the cause of the suspension. (d) The Town Engineer shall not reinstate a revoked Permit. Sec. 36.05.035 Fines and Penalties. Any person, firm, corporation or agency acting as prffi_ pa agent, employee or otherwise, who fails to comply with the provisions of this Chapter shall be guilty of an infraction. Each day any violation of this Chapter shall continue shall constitute a separate offense. Any person, firm, or corporation who intentionally or negligently violates any provision of this chapter, or fails to comply with any order issued thereunder, shall be liable for a civil penalty not to exceed Five Hundred Dollars ($500.00) per day for each violation which shall be assessed and recovered in a civil action brought in the name of the people by the Town Engineer's Attorney. In determining the penalty, the court shall consider all relevant circumstances, including, but not limited to, the following: (a) The extent of harm or potential harm caused by the violation; (b) The nature and persistence of the violation; (c) The length of time over which the violation occurred; (d) The frequency of past violations; (e) The permittee's record of maintenance; (f) Corrective action, if any, taken by the permittee. In any civil action brought pursuant hereto, in which the Town Engineer prevails, the court shall determine and impose reasonable expenses, including attorneys' fees, incurred by the Town Engineer in the investigation and prosecution of 'the action. Sec. 36.05.040 Action A ainst the Security. The Town Engineer may act against the appropriate security T any of the conditions listed in subsections (a) -(d) below exists. The Town Engineer shall use funds from the appropriate security to finance remedial work undertaken by the Town or a private contractor under contract to the Town, and to reimburse the Town for all direct costs incurred in the process of the remedial work. -25- (a) The Permittee ceases land - disturbing activities and /or filling and abandons the work site prior to completion of the work shown on the approved grading plan. (b) The Permittee fails to conform to the Interim Plan or Final Plan as approved or as modified under Section 36.05.025 and has had his /her permit revoked under Section 36.05.030. (c) The techniques utilized under the Interim or Final Plan fail within 2 years of installation, or before a Final Plan is implemented for the site or portions of the site, whichever is later. (d) The Town Engineer determines that action by the Town is necessary to prevent excessive erosion from occurring on the site. Sec. 36.05.045 Release of Security. Security deposited with the Town for faithful perTo t e grading and erosion control work and to finance necessary remedial work shall be released according to the following schedule: (a) Ninety percent of the amount of the securities held to guarantee completion of the work required under the approved permit and shown on the approved Grading, Interim and Final Plans may be released to the Permittee upon the successful completion as determined by the Town Engineer, of the work required under the permit, provided no action against such security is filed prior to that date. (b) Ten percent of the amount of the securities held to guarantee completion of the work required under the approved permit and shown on the approved Grading, Interim and Final Plan shall be retained by the Town for one year to guarantee and maintain the grading work to assure the proper functioning of drainage systems and adequate erosion and sedimentation control. Said maintenance security shall remain in effect for a period of one year after the date the work is accepted. (c) Upon satisfaction of applicable provisions of this Chapter, the ten percent maintenance security deposit will be released. However, upon failure to complete the work, failure to comply with all of the terms of the permit, or failure of the complete site to function properly to provide proper drainage or erosion and sedimentation control, the Town may do the required work, or cause it to be done and collect from the permittee or surety all costs incurred thereto, including administrative and inspection costs. Any unused portion of a deposit or bond shall be refunded to the permittee after deduction by the Town of the cost of the work. Sec. 36.05.050 Cumulative Enforcement Procedures. The procedures for enforcement o a Permif, as set forth in — M I T is Chapter, are cumulative and not exclusive. -26- Section 3. This ordinance takes effect 30 days after the date it is adopted. Within 15 days after this ordinance is adopted the Town Clerk shall cause it to be published once in a newspaper of general circulation published and circulated in the Town. This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on March 18th , 1985 and adopted by the following vote as an ordinance of the Town o '7os`Iatos at a regular meeting of the Town Council on April 8th , 1985. AYES: COUNCIL MEMBERS Eric D. Carlson, Terrence J. Dail Thomas J. Ferrito, Brent N. Ventura, and Ma or Joanne Ben'amin NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None SIGNED: A 0 LOS GATOS ATTEST: C� ,, . , - c e OS GA 0 -27-