(A) Purpose. The purpose of this section is to assure that during pre-development activities (such as, clearing a subdivision or a property in preparation for sales to individual home builders) soil disturbance and vegetation removal are kept to the minimum necessary and that soil particles are prevented from moving off the site onto adjoining properties, streets, storm drain systems, or into waterways, wetlands, or other natural areas.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CLEARING. The removal of vegetation from a site wherein the root system of the vegetation is disturbed. CLEARING, for the purpose of this section, does not include gardening activities.
EROSION. The wearing away of the ground surface as a result of the movement of wind or water.
EXCAVATION. The mechanical removal of earth material.
FILL. The deposit of earth material placed by artificial means.
GRADING. The process of changing the topography of the ground surface.
STREAM. A channel, such as a river or creek that carries flowing surface water, including perennial streams and intermittent streams with defined channels, and excluding human-made irrigation and drainage channels.
VEGETATION. Plants of all types, including grasses, ground cover, flowers, bushes, shrubs, and trees.
(C) Application. This section applies to any pre-development activity within the city that:
(1) Involves the clearing, grading, filling, or excavation of more than 5,000 square feet of surface area;
(2) Involves the felling of more than five trees measuring six inches diameter or greater, at four feet height from the ground surface, within a five thousand square foot area;
(3) Are conducted within areas of geologic hazards; or
(4) Are conducted in areas within 100 feet, measured on the horizontal, of the bank of streams or the top of bank whichever distance is greater, or the mean high tide level of the estuary or ocean.
(D) Standards.
(1) Charing, grading, filling, or excavation of the site shall not be permitted until approval permits have been issued.
(2) Clearing, grading, filling, or excavation of the site shall be the minimum required to complete the project.
(3) Prior to site disturbance, markings identifying the limits of clearing, grading, filling, or excavation, and/or safety fencing shall be placed on the site. Such markings or fencing shall remain in place until the clearing, filling, excavating, or grading is completed.
(4) Pre-development in forested areas (areas larger than one acre containing trees measuring six inches diameter or greater, at four feet height from the ground surface) shall maintain a minimum of 20% of the trees measuring six inches diameter or greater, at four feet height from the ground surface on the site, which can be in the required setback areas. Maintained trees shall be preserved in tree groves where feasible.
(5) Erosion prevention measures shall be properly installed as per manufacturer’s specifications or standards specified in this section to ensure that soil does not leave the property or enter surface water. Erosion prevention and sediment control measures shall remain in place until final landscaping is installed and well established.
(6) Any soil that leaves the site is the responsibility of the property owner and shall be promptly removed from the off-site area, unless that area is owned by the same property owner, and placed back on the site, or properly disposed of.
(7) The applicant shall specify the tax lot and location where soil and vegetation removed from the site will be taken for disposal, and shall provide evidence that the owner of the site is willing to accept the material.
(E) Procedure. Applicants requesting approval for any pre-development activity subject to the provisions of this section shall clearly show on their application at least the following:
(1) Areas where soils and vegetation will not be disturbed;
(2) Areas where clearing, grading, filling, or excavation will occur;
(3) The location of silt fencing placed along contour lines and constructed to city specified standards;
(4) A gravel construction entrance constructed to city specified standards;
(5) The location of natural drainageways and nearby storm drain inlets and the method used to protect the inlet;
(6) The location of drains, drainage systems, or other outfalls on the property and methods of assuring that soil particles cannot leave the site through these outfall locations; and
(7) If a site lies within a designated geologically hazardous area, contains slopes of 20% or more, or involves the clearing, grading, filling, or excavation, of more than 15,000 square feet of soil surface, the following additional erosion prevention and sediment control requirements shall also apply. In such situations:
(a) All disturbed soils and all soil stockpiles shall be covered between October 1 and March 15 with two-inch depth of mulch (straw, hay, or bark dust), erosion control blankets, or have ground covering (such as, grass) that is well-established and that provides full coverage of the ground surface; or
(b) Shall have an erosion prevention and sediment control plan prepared by a person with experience and training in this field. Such a plan must be submitted to the city and the required measures shown on the plans. Such plans shall describe the qualifications of the person preparing the report and, at a minimum, specify methods to be employed, the timing of ground disturbance, the frequency of inspection during the work period, and the maintenance requirements for each of the control methods used.
(Ord. 256, passed 4-6-2004)