This section provides regulations for project planning, preparation of soil erosion, sediment and dust control plans, runoff control, and land clearing to control disturbances to fragile desert soils in order to reduce the amount of fugitive dust that may (for long periods of time) adversely affect those who own, possess, control, or use parcels of land; and those who are located downwind of a parcel of land whose surface is being disturbed.
A. Applicability: The provisions in this section apply to development applications on parcels that are one acre or greater in size or have a slope of greater than ten percent (10%).
B. Permit Requirements: No person except as provided in this chapter, shall commence with a disturbance of land (e.g., grading or land clearing) or construction activity that has the potential to cause erosion without first obtaining approval of erosion control measures to ensure that erosion would not reasonably be expected to occur. Best management practices (BMPs) shall be implemented at all land disturbance sites, regardless of the area of disturbance. A land use permit shall not be required for grading, land clearing, or vegetation removal activities that comply with subsection C, "Dust Control Standards", of this section. If more extensive grading, land clearing, or vegetation removal activities are proposed than allowed in subsection C of this section, the activities shall require approval of a site plan and design review permit in compliance with chapter 9.68, "Site Plan And Design Review", of this title.
1. Permit Application: An application for the grading permit shall be made in writing to the department on forms provided by the town. The application shall be accompanied by specified plans and supporting data/materials and a fee established by resolution of the council to cover the costs of handling and processing the application.
2. Conditions: The grading permit shall be subject to conditions that the director may impose to ensure that surface protection is provided before, during, and/or after the time of the disturbance of the surface or subsurface of the land. Protective measures required by the director shall be provided by means of measures or any other effective method, or combination of methods, of holding the soil in place.
3. Annual Permit Renewals And Fee Payments: Annual renewal and payment of appropriate fees shall be required until the director releases the permittee from the permittee's obligations under the permit in compliance with subsection B4, "Continuing Obligation To Prevent Erosion Until Release", of this section.
4. Continuing Obligation To Prevent Erosion Until Release: In order to prevent the soil on the land from being eroded by wind and blown onto public roads or other public or private property, the permittee's obligations under the grading permit shall continue in force and effect, regardless of whether the permit has been renewed as required by subsection B3, "Annual Permit Renewals And Fee Payments", of this section until the town has notified the permittee in writing that the permittee's obligations under the grading permit are released.
C. Dust Control Standards: Land shall be cleared or natural vegetation shall be removed only in order to provide for the installation of building pads, driveways, landscaping, agriculture, or some other structure or allowed use normally related or accessory to residential uses. No person, except as provided in this chapter, shall commence with a disturbance of land (e.g., grading or land clearing) without first obtaining approval to assure that said disturbance will not result in a significant increase of fugitive dust. Said approval may be in the form of a development permit. (Ord. 254, 12-16-2014)