A. General Erosion Control Requirements:
1. Conditions Causing Accelerated Erosion Prohibited: No person shall cause, or allow the continued existence of, a condition on a site that is causing or is likely to cause accelerated erosion as determined by the director.
2. Notification To Control Erosion: Upon notification by the director, the responsible person shall take appropriate measures to control erosion on the site within a reasonable period of time as determined by the director.
3. Plan/Permit Approval: The director may require that a property owner, whose property has been cited in noncompliance with subsection A2, "Notification To Control Erosion", of this section, file and obtain approval of a soil erosion and sediment control plan and grading permit in compliance with subsection 9.37.040B of this chapter (soil erosion and sediment control plans).
4. Cessation Of Activities Due To Inclement Weather: The director may require that a particular operation, process, or construction be stopped during periods of inclement weather if the director determines that erosion problems are not adequately being controlled.
B. Runoff Control Measures: Activities subject to a development permit (e.g., conditional use permit, building permit, grading permit, planned development permit, site plan and design permit, temporary use permit, etc.) shall implement measures to control runoff in order to prevent erosion. Measures shall be adequate to control runoff from a 100-year storm.
1. Prevention Of Sediment Discharge: Erosion control and surface flow containment facilities shall be constructed and maintained to prevent discharge of sediment to surface waters or storm drainage systems.
2. Permeability Rate:
a. More Than Two Inches Per Hour: Where soils have a permeability rate of more than two inches (2") per hour, runoff shall be retained on the site by methods and in quantities approved by the building official, at the level of increment plus ten percent (10%) that percolates within forty eight (48) hours. This may be accomplished through the use of infiltration basins, percolation pits or trenches, or other suitable means. This requirement may be waived where the director determines that high groundwater, slope stability problems, etc., would inhibit or be aggravated by on site retention, or where retention will provide no benefits for groundwater recharge or erosion control. The runoff water shall be discharged over nonerodible surfaces or at a velocity that will not erode.
b. Two Inches Per Hour Or Less: Where soils have a permeability rate of two inches (2") per hour or less and on site percolation is not feasible, runoff shall be detained or dispersed over nonerodible vegetated surfaces so that the runoff rate does not exceed the predevelopment level, while implementing measures designed to retain increment plus ten percent (10%) retained that percolates within forty eight (48) hours where feasible. The runoff water shall be discharged over nonerodible surfaces or at a velocity that will not erode. The director shall require on site detention unless the applicant shows that the runoff will not contribute to downstream erosion, flooding, or sedimentation.
3. On Site Percolation Devices: Concentrated runoff that cannot be effectively dispersed over nonerodible channels or conduits to the nearest drainage course shall be contained within on site percolation devices.
4. Energy Dissipaters At Point Of Discharge: Where water will be discharged to natural ground or channels, appropriate energy dissipaters shall be installed to prevent erosion at the point of discharge.
5. Detention Or Filtration Mechanisms: Runoff from disturbed areas shall be detained or filtered by berms, vegetated filter strips, catch basins, or other means necessary to prevent the escape of sediment from the disturbed area.
6. Deposition Of Earth Or Materials Prohibited: No earth, organic, or construction material shall be deposited in or placed where it may be directly carried into a stream, lake, marsh, slough, lagoon, or body of water.
7. Buffer Zone Along Land/Water Margin: Where land disturbing activities are in proximity to lakes or natural watercourses, a buffer zone shall be required along the land/water margin of sufficient width to confine visible siltation within twenty five percent (25%) of the buffer zone nearest the land disturbing activities.
C. Authority:
1. Authorized Actions: The town shall have authority, at all reasonable times, to enforce this chapter and to:
a. Enter upon any property to investigate for violations of this chapter.
b. Issue temporary stop work orders.
c. Issue a citation to a person committing a misdemeanor or an infraction offense under this chapter within the presence of the director.
2. Inspection Or Abatement:
a. The inspection or abatement of a structure or private property shall be made:
(1) With the consent of the owner or occupant of the property; or
(2) If consent is refused, with a warrant issued in compliance with California Code Of Civil Procedure section 1822.50 (title 13 [inspection warrants] of part 3 [special proceedings of a civil nature]).
b. However, in the event of an emergency affecting the public health or safety, an inspection or abatement may be made without consent or the issuance of a warrant.
D. Abatement Of Hazardous Conditions:
1. Notice Of Hazardous Conditions: When land presents a hazardous condition that may affect the health, safety, and welfare of neighboring residents (because of the condition of the land with regard to loose soil and windy conditions), the landowners of record shall be notified by the director in writing by first class mail of the conditions.
2. Deadline For Abatement: If these conditions are not corrected within thirty (30) days of the mailing of the notice, the director may order the conditions to be corrected as reasonably and economically as possible at the discretion of the director. However, when time is of the essence and emergency action is necessary to put into effect these protective provisions, the director may take immediate steps to abate the hazardous soil erosion condition.
E. Temporary Stop Work Orders:
1. Issuance: The director may issue a temporary stop work order and the subject soil disturbing operation shall immediately be stopped, whether a permit has been issued or not, when:
a. A permit has been issued, but not all of the permit requirements have been complied with. The temporary stop work order may require that all work cease until all the permit requirements have been met.
b. Operations are in progress, with a permit or not, and weather conditions are causing substantial dust to be carried into the air. The temporary stop work order may require the cessation of all work until the current dust air pollution is abated.
c. Operations are in progress, regardless of weather conditions, and a soil disturbance permit has not been issued.
2. Appeal Not Allowed: A temporary stop work order shall not be subject to an appeal. (Ord. 254, 12-16-2014)