Chapter 15.73
GRADING AND EROSION CONTROL
Sections:
15.73.010 Intent and purpose – General provisions.
15.73.070 Application – Contents.
15.73.090 Bonds – Posting required.
15.73.110 Bonds – Failure to complete work.
15.73.120 Permit – Duration/expiration.
15.73.130 Excavating, grading, and filling – Regulations.
15.73.180 Violations – Prosecution as infraction.
15.73.190 Violations – Penalties.
15.73.010 Intent and purpose – General provisions.
A. Intent. The intent of this chapter is to protect life, limb, and property, promote and enhance the public welfare and a superior community environment, and preserve the natural scenic character of the city by establishing applicable standards, requirements, and procedures relating to grading, erosion, and sedimentation control.
B. Purpose. The purpose of this chapter is to ensure that grading is conducted:
1. In a manner with least adverse effect upon persons and properties; and
2. In conformance with applicable standards, requirements, and procedures.
C. Prohibited Acts. The following are prohibited:
1. Grading without a permit from the city engineer, except as provided for in BMC 15.73.030(B) (Emergency Grading) and BMC 15.73.030(C) (Exceptions From Grading Permit);
2. Grading that will:
a. Cause erosion or sediment onto adjacent property or on public streets; or
b. Obstruct or otherwise interfere with drainage, or deposit sediment in natural or artificial drainage facilities; or
c. Alter drainage facilities or courses without first obtaining a grading permit.
3. Activities not in compliance with best management practices (BMPs).
D. Administration and Enforcement. The city engineer shall administer and enforce the provisions of this chapter. (Ord. 22-12 § 1).
15.73.020 Scope.
This chapter sets forth rules and regulations to control excavation, grading, earthwork construction, erosion, and sedimentation, including fills and embankments; establishes requirements for storm water management during construction for the prevention and control of erosion and sedimentation; establishes the administrative procedures and requirements for the preparation, review, and approval of grading plans, issuance of grading permits, and inspection of construction. (Ord. 22-12 § 1).
15.73.030 Permits required.
A. Grading Permit Required. Except as provided in subsection (B) of this section (Emergency Grading), and subsection (C) of this section (Exceptions From Grading Permit), no person shall perform or cause any grading without a grading permit.
B. Emergency Grading. Grading of an emergency nature to safeguard life or property may be undertaken prior to the issuance of a grading permit. The city engineer shall be notified within 48 hours of the commencement of emergency work unless such work is exempted in accordance with the provisions of subsection (C) of this section (Exceptions From Grading Permit). The grading permit shall be obtained no later than 14 calendar days after the commencement of the emergency work.
C. Exceptions From Grading Permit. A grading permit may be waived when in the opinion of the city engineer one or more of the following conditions apply:
1. The excavation or fill at any location:
a. Is less than five feet deep and adequately supported by a retaining structure designed in accordance with Chapter 15.05 BMC; and
b. Does not create a slope steeper than two horizontal to one vertical.
2. The volume of excavation or fill does not exceed 50 cubic yards, provided:
a. The excavation or fill does not obstruct a drainage course or alter existing drainage patterns, and does not add pollutants to the storm drain system, creeks, or other waterways; and
b. The excavation or fill is less than five feet at its deepest point, measured vertically upward from natural grade to the surface; and
c. The fill is not intended to support structures; and
d. The fill is placed on natural grade that has a slope not steeper than five horizontal to one vertical; and
e. The proposed grading or resulting grades will not adversely impact abutting properties.
3. Minor land leveling for agricultural farming and gardening if the ground elevation stays substantially the same and the drainage pattern is not altered.
4. Cemetery graves.
5. An excavation below finished grade for basements and footing of a building, retaining wall, swimming pool or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five feet after the completion of such structure.
6. The trench excavations authorized by a valid permit for the purpose of installing underground utilities, if to be backfilled to natural or existing grade.
7. Grading in refuse disposal areas and sanitary landfills, mining, quarrying, processing, or stockpiling of rock, sand, gravel, aggregate, or clay, for which a development permit has been granted, provided:
a. Such operations do not affect the lateral support or increase the stresses in, or pressure upon, any adjacent or contiguous property; and
b. Such operations are consistent with the grading practices set forth herein; and
c. The work does not block or divert any natural drainageway or increase runoff or sedimentation onto any adjacent or contiguous property.
8. Grading is conducted by an agency of the federal government, the state government, or the city.
9. Stockpiles 50 cubic yards or less of topsoil materials are not placed within a public right-of-way, do not obstruct drainageways, are not subject to erosion, do not endanger other properties, do not create a public nuisance or safety hazard, and are removed within a period of 10 days or less. The land shall be restored to its original condition after removal of stockpiles.
10. Construction of fire trails, access roads to public utilities, and gas and electric transmission lines provided the drainage pattern remains the same.
11. Clearing of vegetation when all of the following conditions are met:
a. The slope of the ground is less than 15 percent; and
b. The area to be cleared is one acre or less; and
c. Clearing is more than 100 feet away from the top bank of a watercourse or other water body; and
d. Clearing will not result in erosion.
12. Construction of water wells.
13. Construction of test trenches, pits, and bores within private property under the supervision of a professional such as a civil engineer or engineering geologist, provided the drainage pattern remains the same.
14. Placement of fill above existing grade, which will be retained by the exterior wall of a building, a retaining wall, swimming pool, or other structure authorized by a valid building permit, when the existing and finished ground slope is less than 15 percent.
15. Grading within a street to conform to elevations approved by the city engineer and for which a permit has been issued under the provisions of Chapter 12.12 BMC (Encroachments).
16. Refuse disposal sites controlled by other regulations.
17. Excavation for utilities when performed by a public utility.
18. Exploratory excavations of 50 cubic yards or less under the direction of soil engineers or engineering geologists.
19. An excavation of 200 cubic yards or less which:
a. Is less than two feet in depth, at any one given point: or
b. Does not create a cut slope greater than four feet in height and steeper than two horizontal to one vertical.
20. A fill of 200 cubic yards or less which is less than two feet in depth and placed on a slope flatter than five horizontal to one vertical, not intended to support structures, on a single lot or parcel, and does not obstruct or alter a drainage course.
21. Work conducted in any city street, public right-of-way, or easement when the work is being done under the authority of a valid encroachment permit issued by the city engineer.
Grading permit exceptions outlined above apply to grading for a single activity. Subsequent grading activity that occurs within 10 years after initial grading activity resulting in cumulative work exceeding the limitations outlined above shall require a grading permit.
Grading shall also comply with the requirements of Chapter 15.70 BMC, Storm Water. Grading that disturbs one acre or more, regardless of quantity, shall be subject to the state of California general construction permit requirements. (Ord. 22-12 § 1).
15.73.040 Hazards.
Whenever the city engineer determines that any existing excavation, embankment or fill on private property has become a hazard to life or limb, endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the city engineer shall within the period specified therein repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this chapter. (Ord. 22-12 § 1).
15.73.050 Definitions.
For purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain words, terms, and phrases used herein are defined below.
“Applicant” means the property owner, or their authorized agent making application to the city for a grading permit.
“As-graded” means the actual surface conditions present on completion of grading.
“Bench” means a relatively level surface interrupting the slope of an excavation or embankment.
“Best management practices” (or “BMPs”) means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to watercourses, water bodies, wetlands and waters of the city or state. BMPs also include treatment requirements, operating procedures, design specifications and practices to control site runoff, spillage or leaks, waste disposal, and drainage from raw material storage. BMPs are for construction and post-construction storm water controls.
“California Building Code (CBC)” refers to the latest edition as adopted by reference by the city of Benicia.
“Certification” shall mean a written engineering or geological opinion concerning the progress and completion of the work.
“City” shall mean the city of Benicia.
“City engineer” shall mean the city engineer of the city of Benicia or their authorized representative.
“Civil engineer” means a professional engineer registered in and licensed by the state of California to practice in the field of civil engineering.
“Civil engineering” shall mean the application of the knowledge of forces of nature, principles of mechanics and the properties of materials to the evaluation, design, and construction of civil works for the beneficial uses of mankind.
“Clearing” means site preparation consisting of, but not limited to, the removal of vegetation.
“Compaction” means the densification of a fill by mechanical means.
“Contour rounding” means the rounding of cut and fill slopes in the horizontal plane to blend with existing contours or to provide horizontal variation to eliminate the artificial appearance of slopes.
“Critically expansive soil” means soil conditions which have the potential to cause damage to improvements, including streets, structures, and buildings.
“Cut” means the mechanical removal of earth material.
“Cut slope” means a finished or interim surface along an inclined plane resulting from grading.
“Diversion” means a facility such as a ditch or berm constructed to intercept and divert surface runoff.
“Earth material” means any rock, natural soil and/or any combination thereof.
“Elevation” means the vertical distance above an established datum.
“Engineering geologist” shall mean a professional engineering geologist registered in and by the state of California to practice in the field of engineering geology.
“Engineering geology” shall mean the application of geologic data, knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.
“Erosion” means the wearing away, detachment and movement of the ground surface as a result of gravity or the movement of wind, water and/or ice.
“Erosion and sediment control manual” means the latest edition entitled “Manual of Standards for Erosion and Sediment Control Measures,” published by Association of Bay Area Governments (ABAG).
“Excavation” (cut) means any act by which earth material is removed.
“Fill” means a deposit of earth material placed by artificial means.
“Final erosion and sediment control plan” means a plan that depicts the permanent erosion control measures approved by the city engineer.
“Geologic report” means a report prepared by an engineering geologist or a civil engineer dealing with geological features and characteristics such as fault line, fault creep, landslide, and seismic hazards.
“Geotechnical engineer/soil engineer” means a civil engineer who is experienced in the field of engineering as described in the definition of “geotechnical/soil engineering” in this section.
“Geotechnical/soil engineering” means the application of the principles of soil mechanics in the investigation, evaluation, and design of civil engineering works involving the use of earth materials and the inspection and testing of the construction thereof.
“Geotechnical/soil report” means a report prepared by a geotechnical engineer dealing with items such as field test results, observations regarding the nature, distribution, and strength of existing soils and recommendations and conclusions for grading procedures and designs.
“Grade” shall mean the vertical location of the ground surface.
1. “Existing grade” means the grade prior to grading.
2. “Rough grade” means the stage at which the grade approximately conforms to the approved plan.
3. “Finish grade” means the final grade of the site which conforms to the approved plan.
“Grading” means any excavation (cut), filling, stripping, stockpiling, clearing, and grubbing, or any combination thereof, which alters land or vegetation.
“Interim erosion and sediment control plan” means a plan that depicts a set of erosion and sediment control measures for an uncompleted project.
“Notice of intent (NOI)” means a form required by the State Water Resources Control Board which consists of a notice of intent to comply with the terms of the General Permit to Discharge Storm Water Associated with Construction Activity (WQ Order No. 2003-2007-DWQ).
“Permittee” means the applicant to whom the permit is issued.
“Pollutants” means any material other than storm water, including but not limited to rock, sand, building materials, waste, and litter discharged into the city’s storm water system.
“Rainy season” means the time period between October 15th and April 15th, inclusive.
“Runoff” means the surface flow of water.
“Sediment” means earth material deposited by action of water, wind, or gravity.
“Sediment basin” means a reservoir which retards flow to cause or allow deposition of transported sediment.
“Sedimentation” means the process by which soil, mineral, or organic matter is removed, transported, and deposited by action of water, wind, or gravity.
“Sensitive area” means the area less than 200 feet away from a water quality resource including a wetland, stream, pond, lake, river, or bay wherein placement of impervious surfaces shall be avoided.
“Site” means any lot or parcel of land or contiguous combination thereof, where grading is performed or permitted.
“Slope” means the inclination of a ground surface expressed as the:
1. Ratio of horizontal distance to vertical distance; or
2. Ratio of vertical distance to horizontal distance expressed in percent.
“Soil” means the naturally occurring surficial deposits of any origin overlying bedrock.
“Soil (geotechnical) engineer” shall mean a professional soil or geotechnical engineer registered in and by the state of California to practice in the field of soil engineering.
“Soil (geotechnical) engineering” shall mean the application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof.
“Stockpile” means earth, rock, gravel, sand, or other similar material temporarily stored prior to final disposition.
“Storm water” means storm water runoff and surface runoff and drainage. It excludes infiltration and runoff from agricultural land.
“Storm water control plan” (or “SCP”) means a plan to identify sources of sediment and other pollutants that affect the quality of storm water discharges and describes and ensures the implementation of practices to reduce sediment and other pollutants in storm water discharges. The SCP must include BMPs which address prevention and control of erosion and sediment.
“Storm water pollution prevention plan” or “SWPPP” means a plan to identify sources of sediment and other pollutants that affect the quality of storm water discharges and describes and ensures the implementation of practices to reduce sediment and other pollutants in storm water discharges. A SWPPP is required for sites greater than one acre or from a site that results in a land disturbance of less than one acre but is part of a larger common plan and is part of the State Water Resources Control Board’s General Construction Activity Storm Water Permit or the federal National Pollution Discharge Elimination System (NPDES) storm water discharge regulations. The SWPPP must include BMPs which address prevention and control of erosion and sediment.
“Terrace” means a relatively level step constructed, in the face of a graded slope surface, for drainage and maintenance purposes.
“Vicinity map” means a visual representation of the project site in relationship to significant geographic features such as watercourses, water bodies, roads, and other significant structures.
“Watercourse” means a drainage channel or natural creek.
“Zoning permit” means a permit issued by the planning department pursuant to the requirements of Chapter 17.100 BMC. (Ord. 22-12 § 1).
15.73.060 Application – Fees.
A. The applicant shall pay the fees set forth in the Benicia master fee schedule as adopted by city council.
B. Fees are nonrefundable.
C. Before accepting plans or specifications for review, the city engineer shall collect a plan-check fee from the applicant.
D. Before issuing a grading permit, the city engineer shall collect a grading permit fee.
E. The fee for a grading permit authorizing additional work to be performed under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project.
F. If any work requiring a permit is begun without a permit, the permit fees shall be doubled to compensate for the extra work involved in inspecting completed, or partially completed, work. (Ord. 22-12 § 1).
15.73.070 Application – Contents.
A. Application for Grading Permit. The application for a grading permit shall include but not be limited to the following:
1. Completed city grading permit application form; and
2. Vicinity map, site map and grading plan; and
3. Interim erosion and sediment control plan; and
4. Final erosion and sedimentation control plan when required by the city engineer; and
5. Soil report when required by the city engineer; and
6. Geologic report when required by the city engineer; and
7. Proposed work schedule; and
8. Fee for review of the application in accordance with the current Benicia master fee schedule as adopted by city council; and
9. A landscape addendum to the erosion and sediment control plan by a licensed landscape architect when required by the community development director; and
10. Copies of the notice of intent (NOI) and storm water pollution prevention plan (SWPPP) when required by state law; and
11. Such other items as may be required by the city engineer.
B. Grading Plan. The grading plan shall conform to the guideline(s) provided by the city engineer. The grading plan shall be prepared, stamped, and signed by a civil engineer, and shall be subject to review and approval by the city engineer.
C. Issuance or Denial of Grading Permit – Conditions and Limitations. Upon receiving an application for a grading permit along with the required submittals, posting of surety as required, and payment of fees, the city engineer will review the application and related documents. Applications may be approved, conditionally approved, or denied.
1. Issuance. When the city engineer issues a grading permit, they may attach such conditions as they may deem necessary to ensure compliance with this chapter. The permittee shall perform the work in accordance with the approved plans, the grading permit including any conditions thereon, and in compliance with all the requirements of this chapter. The permittee shall keep informed of all state and federal laws, local ordinances, and regulations which in any manner affect the permit. The permittee shall always comply with and shall cause all their agents, contractors, and employees to comply with all such laws, ordinances, regulations, decisions, and court and similar authoritative orders.
2. Denial. If the application conflicts with the provisions of this chapter, the city engineer shall deny the permit in writing, giving the reasons for the denial. A grading permit may be denied if the applicant fails to furnish information or secure other permits that may be required by the city or agencies of the federal or state government or other agencies.
3. Limitations – Expiration. The issuance of a permit under this chapter shall constitute an authorization to do only that work described or illustrated on the application or on the site plans approved by the city engineer and shall not exempt the permittee from any applicable provisions of the zoning and subdivision regulations and other state and local laws.
a. Term. The permittee shall diligently perform and complete the work by the completion date. Unless an extension is granted, the permit shall expire on the date following the specified completion date.
b. Extension of Time. The permittee may request an extension of time prior to the expiration of the permit. The request shall be in writing and shall set forth the reasons for the request. The request shall be accompanied by a new filing fee and a written consent by the surety company. If in the opinion of the city engineer such an extension is warranted, the city engineer may grant an extension, adding such conditions to ensure compliance with this chapter.
4. Permit Conditions. The city engineer may impose any condition to ensure compliance with the provisions of this chapter and other applicable laws and regulations. Such conditions may include, but not be limited to:
a. Requirements for fencing around excavations or fills which otherwise would be hazardous and drip lines of trees to be preserved; and/or
b. Completion of the work within a specified period; and/or
c. Compliance with best management practices (BMPs); and/or
d. Provisions for dust control; and/or
e. Construction of stabilized ingress and egress; and/or
f. Hours of operations; and/or
g. Designation of route and time of travel over streets. A surety bond, or other acceptable security, may be required, if deemed necessary by the city engineer, to secure the repair of improvements that may be damaged by the permittee; and/or
h. The installation of barricades and barricade lighting; and/or
i. Designation of the disposal site for any material removed from the grading site.
5. Copy of Plans and Permit to Be Kept at Job Site. When an application is approved and a permit issued, one set of approved plans shall be returned to the permittee. The approved plans and permit shall be kept available for reference at the job site.
6. Changes in Permit or Work. No work shall deviate from the approved plans without prior written approval by the city engineer. The city engineer may require the submittal of a revised plan prior to approving any proposed change. Additional fees shall be charged for reviewing plan revisions. Failure to obtain prior approval for any change in the work may be grounds for suspension of work.
7. Assignment or Transfer of Permit. A permit shall be issued only to the applicant and may not be assigned to another person or entity. If a permittee assigns or transfers its permit to another person or entity, the permit shall become void. If an applicant applies for a permit for grading work for which a prior permit was issued, the applicant shall pay a filing fee as set forth in the Benicia master fee schedule as adopted by city council. No other fee will be charged in addition to the fees for the prior permit unless additional plan review is required due to plan changes.
8. Suspension or Revocation of Grading Permit.
a. Suspension of Permit and Work. If the permittee fails to comply with the permit conditions or the provisions of this chapter, the city engineer may suspend the permit. If the city engineer determines that work will potentially cause injuries to persons or damage to properties or improvements, the city engineer shall suspend the work. Upon notice of such suspension, the permittee shall immediately cease all work except for work required by the city engineer to eliminate hazardous conditions or nuisances. The city engineer may reinstate or revoke suspended permits.
b. Revocation of Permit. The city engineer may in writing revoke a permit issued under the provisions of this chapter whenever the permit is issued in error or based on incorrect information or in violation of any ordinance or regulation. The permit may also be revoked due to noncompliance with the permit conditions, the provisions of this chapter, or other applicable laws and regulations, or whenever the permittee has defaulted in performing any work under the terms of the posted bond. Once the permit is revoked, work shall not commence until a new application is filed and a new permit issued.
c. Procedure. Upon determination that grounds for revocation of a grading permit exist, the city engineer may conduct a hearing. If a hearing is conducted, a written notice shall be sent separately to the permittee and to the surety, stating the time and place for the hearing and the grounds for revocation. The notice shall be given at least five days before the hearing, and it shall be served personally or by deposit in the United States mail with postage fully prepaid, addressed to the permittee and surety at the mailing address shown in the application and in the surety instrument. Within 30 days of the conclusion of the hearing, the city engineer shall make their findings and decision and file same in their office and shall serve a copy thereof separately upon the permittee and its surety in the manner provided above for service of notice of hearing.
9. Geologic Report. The city engineer may require a geologic report prior to approval of a grading permit. A geologic report when required by the city engineer shall be based on adequate and necessary test borings and shall contain and not be limited to the following information:
a. An adequate description of the geology of the site, including delineating any hazard of surface fault trace or rupture; and
b. Conclusions and recommendations regarding the effect of geologic conditions on the proposed development; and
c. Recommendations and conclusions regarding the adequacy of site(s) to be developed by the proposed grading; and
d. Any other information required by the city engineer.
10. Authority to Require Geotechnical/Soil Report. The city engineer may require a geotechnical/soil report identifying the presence of critically expansive soil.
11. Contents of Geotechnical/Soil Report. A geotechnical/soil report, prepared by a civil engineer or engineering geologist, based upon adequate test pits or trenches, shall contain but not be limited to the following:
a. Description of any critically expansive soil or any other soil problem(s) present at the site; and
b. An investigation of each site, including recommended corrective actions which will prevent structural damage to buildings, structures, and improvements to be constructed; and
c. A geologic map and description of geologic formations and structures significant to the safety and performance of improvements; and
d. Faults, existing active or inactive landslides, and areas subject to earthquake ground failure such as liquefaction; and
e. “R” values necessary to determine the suitability of the earth material for any improvements; and
f. Recommendations for construction procedures to obtain required stability; and
g. Any other unstable soil conditions to ensure proper development of the site; and
h. Recommendations for corrective actions at locations where land stability problems exist; and
i. The signature and registration number of the civil engineer or engineering geologist preparing the report.
12. Review of Reports. All reports shall be subject to review by the city engineer. Supplemental reports and data may be required as deemed necessary. Recommendations included in the reports and approved by the city engineer shall be incorporated in the grading plan. (Ord. 22-12 § 1).
15.73.080 Issuance of permit.
A. No permit shall be issued until all of the required data has been submitted for the application, the city engineer has approved the plans, and all required fees have been paid.
B. No permit shall be issued prior to the approval of any land use entitlement requirements, such as, but not limited to, zoning permits, tentative map and/or building or site plan review. An environmental assessment shall be performed in accordance with the requirements of the California Environmental Quality Act. Conditions may be imposed by the city to minimize or mitigate any environmental impacts of the proposed work.
C. In the case of subdivisions, the approval to proceed by the city engineer, after receiving all required bonds, permit fees, agreements and deeds (if applicable), and after approval of the tentative map by the planning commission or city council, shall constitute the requirements to allow issuance of a grading permit. (Ord. 22-12 § 1).
15.73.090 Bonds – Posting required.
A. A permit shall not be issued unless the permittee shall first post with the city engineer a surety bond executed by the applicant and a corporate surety authorized to do business in the state as a surety.
The amount of the surety bond shall be based upon the estimated cost to the city to complete the grading or perform work to eliminate drainage obstruction, hazard, or nuisance and shall include the cost of interim and permanent erosion control measures if deemed necessary by the city engineer. If the grading permit requires an erosion and sediment control plan, the surety shall include a cash deposit in an amount equal to the estimated cost of the proposed erosion and sediment control measures but not to exceed $10,000. The estimated cost of the proposed erosion and sediment control measures shall be subject to review and approval by the city engineer.
In lieu of a surety bond, the applicant may file:
1. A corporate surety bond executed by a surety company authorized to transact business in the state; or
2. A cash deposit or its equivalent; or
3. An instrument of credit filed with the city, from a financial institution subject to regulation by the state or the federal government, pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment upon demand and agreeing that the funds designated by the instrument shall be trust funds for the purposes set forth in the instrument. The form of surety bond will be subject to the approval of the city engineer and city attorney.
B. Among other appropriate provisions, every surety bond shall include the following conditions to which the principal and surety shall each be bound:
1. Comply with the applicable provisions of this chapter and all other applicable laws, ordinances, rules, and regulations; and
2. Comply with all of the terms and conditions of the permit to the satisfaction of the city engineer; and
3. Complete the work proposed under the permit within the time specified in the permit. The city engineer may, for sufficient cause, extend the time specified in the permit. Such extension shall not release the surety; and
4. Pay all reasonable costs incurred or expended by the city, including but not limited to court costs and attorney’s fees, in doing or causing to be done any of the work set forth in the permit, any other work which in the judgment of the city engineer is required to be done as a result of any work or activity done under the permit, or any abatement of any nuisance created by any work or activity done under the permit, or in collecting money or damages in connection with any of the foregoing. (Ord. 22-12 § 1).
15.73.100 Bonds – Term.
The term of the surety bond shall begin on the date of its posting and shall end upon satisfactory completion of the terms and conditions of the permit. Completion shall be evidenced by a certificate of completion to be issued by the city engineer and filed with the records of the permit. (Ord. 22-12 § 1).
15.73.110 Bonds – Failure to complete work.
A. In the event of failure to complete the work and failure to comply with all of the conditions and terms of the permit, the city engineer may order the work required by the permit to be completed to their satisfaction. The surety executing such bond or deposit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the governing agency in causing any and all such required work to be done. If the work is not completed within the time period specified in BMC 15.73.120, the permittee shall be deemed to have abandoned the project, and the city engineer may, in their discretion, order the land to be returned as much as possible to its natural condition, and the surety shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the governing agency in causing such restoration work to be done. In the case of cash deposit, said deposit, or any unused portion thereof, shall be refunded to the permittee in whatever amount is not necessary to complete the work described.
B. Notice of Default. Whenever the permittee defaults in performing any term or condition of the permit, the city engineer shall give written notice thereof separately to the permittee and surety. The notice shall state the work to be done to cure the default, its estimated cost, and the starting and completion dates of the work. The notice shall be served personally or by deposit in the United States mail in a sealed envelope, with postage fully prepaid, addressed to the permittee and surety at the mailing address, or, if there is no mailing address, the business address, shown in the application or in the surety.
C. Duty of Surety. Upon service of the notice of default, the surety shall perform or cause the completion of the work within the time prescribed in the notice.
D. Disposition of Cash Surety. If the permittee fails to perform the work within the time prescribed in the notice, the city engineer may use the cash deposit, its equivalent, or instrument of credit to complete the work.
E. Right of Entry. In the event of a default in the performance of any term or condition of the permit, the surety or the city engineer or their designees shall have the right to enter the premises to complete the work. It shall be unlawful for any person in any way to hinder, obstruct, or prevent such entry.
F. Interference Prohibited. No person shall interfere with, obstruct, hinder, or prevent the ingress or egress to or from any such premises by which an authorized representative or agent of any surety or of the city is engaged in completing the work required under the permit, checking on compliance of the work with the terms or conditions of the permit and the provisions of this chapter, or taking emergency actions for the protection of the public and abutting properties. (Ord. 22-12 § 1).
15.73.120 Permit – Duration/expiration.
If the work authorized by any permit under this chapter is not commenced within six months of the date of issuance, or as otherwise indicated on the face of the permit, or if the work is not completed within two years of the date of issuance, or sooner if indicated on the face of the permit, the permit shall expire and become null and void. (Ord. 22-12 § 1).
15.73.130 Excavating, grading, and filling – Regulations.
The following regulations shall apply to all excavating, grading, and filling:
A. One copy of the approved plan, and specifications, the storm water control plan, if required, storm water pollution prevention plan, and the grading permit shall be always kept on the site during the progress of grading work.
B. All grading and noise therefrom, including, but not limited to, warming of motors, shall be limited to the hours between 8:00 a.m. and 5:00 p.m., Monday through Friday, unless other times are specifically authorized in writing by the city engineer.
C. All graded surfaces and materials, whether filled, excavated, transported, or stockpiled, shall be wetted, protected, covered, or contained in such a manner as to prevent any nuisance from dust, sediment, site runoff, or spillage upon adjoining property or streets. Best management practices incorporating erosion controls and other controls (e.g., dust palliative) shall be applied to the site when directed by the city engineer. Equipment and materials on the site and on hauling routes should be used in such a manner as to avoid excessive dust, site runoff, or spillage upon streets or storm drain inlets. This may include limiting work during windy periods.
D. No grading shall be conducted to encroach upon or alter the established gradient and riparian habitat of natural drainage courses except when a valid permit and other necessary approvals are obtained from the appropriate state and federal authorities (i.e., Department of Fish and Wildlife, etc.) and the necessary environmental review and approvals are received from the community development director, planning commission, or city council as the case may be.
E. Whenever any portion of the work requires entry onto adjacent property for any reason, the permit applicant shall obtain a right of entry from the adjacent property owner or their authorized representative in a form acceptable to the city. A copy of such fully executed right of entry shall be filed with the city prior to the issuance of the grading permit and/or approval of the grading plans.
F. Sediment controls and other best management practices shall be constructed on all developments, as determined by the city engineer, to manage runoff into biologically sensitive areas or onto adjacent property and to control sediment during construction until permanent erosion controls have been established. The sediment and silt collected on site shall then be removed and the resulting material hauled from the site or used as topsoil. Additional erosion control measures shall be employed during the rainy season as required by the city engineer pursuant to BMC 15.73.140 and Chapter 15.70 BMC, Storm Water. Permanent siltation basins may be required in biologically sensitive areas.
G. Grading shall be designed so that lot lines are at the top of slope and with adequate property line setback from the slope to provide for required vertical slope rounding. The tops and toes of cut and fill slopes shall be set back from property lines of pedestrians and vehicular traffic, required slope rounding, adequate foundation support, required swales, berms and drainage facilities, and applicable zoning requirements. Except for pier-type foundations or other special foundation design, setbacks from property lines shall be not less than as required by Appendix Section 3314 and Figure 18-I-1 of the California Building Code.
H. The permit applicant and grading contractor shall be responsible for the protection of adjacent properties during grading operations. Prior to commencing any grading of the site, the exterior boundaries shall be marked as required by the city engineer. Boundary markers shall be maintained throughout the grading operation. Temporary barriers and/or protective fencing shall be used when necessary to protect adjacent properties.
I. Proper soil stabilization is required for all graded areas. Slopes, both cut and fill, shall be provided with subsurface drainage as necessary for stability.
J. Unless otherwise recommended in the approved soils report, fills shall conform to the following provisions:
1. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil, and other unsuitable materials, then scarifying surface to provide a bond with new fill.
2. Fill on slopes steeper than 5:1 and higher than five feet shall require benching into sound bedrock or other competent material as determined by the soil engineer. Bench shall be a minimum width of 10 feet. The area beyond the top of fill shall be sloped for sheet overflow or an approved drainage facility provided.
3. When fill is placed over a cut, the bench under the top of fill shall be at least 10 feet wide but the cut shall be made before placing the fill and acceptance by the soil engineer or engineering geologist or both as a suitable foundation for fill.
4. Detrimental amounts of organic material shall not be permitted in fills. No rocks or similar irreducible material with a minimum dimension greater than 12 inches shall be buried or placed in fills. The city engineer may permit placement of larger rock only upon receipt and approval of a method of placement prepared by a soil engineer and under his/her direction. The following conditions shall also apply:
a. Rock disposal areas shall be delineated on grading plan.
b. Rock sizes greater than 12 inches in maximum dimension shall be 10 feet or more below finished grade, measured vertically.
c. Rocks shall be placed to assure filling of all voids with fines.
5. All fills shall be compacted to a minimum 90 percent of maximum density as determined in accordance with the requirements of the city engineer. In-place density shall be determined in accordance with the requirements of the city engineer.
K. Slopes, both cut and fill, shall not be steeper than two horizontal to one vertical (2:1), unless special circumstances applicable to the property, including size, shape, topography, location or surroundings would cause the strict application of the standard to deprive such property of reasonable use. If the above conditions are met, a thorough geological and engineering analysis shall verify that steeper slopes are safe and appropriate erosion control measures are specified.
L. Cut and fill slopes shall be contour-rounded unless the city engineer finds special circumstances applicable to the property that would require deviation from the requirement.
M. Variable slopes shall be used to mitigate environmental and visual impacts of grading unless the city engineer finds special circumstances applicable to the property that would require deviation from this requirement.
N. Terraces at least six feet in width shall be established at not more than 30-foot vertical intervals, subject to maximum height limitations, to control surface drainage and debris on cut or fill slopes. Suitable access shall be provided to permit proper cleaning and maintenance. Swales and ditches or terraces exceeding 200 feet in length shall have a minimum gradient of one percent and must be paved with concrete not less than three inches in thickness. They shall have a minimum depth of one foot at the center and a minimum paved width of 32 inches. A single run of swale or ditch shall not collect runoff from a tributary area exceeding 15,000 square feet (projected) without discharging into a down drain. These requirements regarding ditches and swales may be modified if recommended by a licensed soil engineer and approved by the city engineer.
O. All drainage facilities shall be designed to carry waters to the nearest practical drainage way approved by the city and/or other appropriate jurisdiction as a safe place to deposit such waters. Such facilities shall comply with the requirements of Chapter 15.70 BMC, Storm Water. If drainage facilities discharge on natural ground, riprap and/or energy dissipators shall be constructed. All building sites shall be graded and sloped away from the building foundation with a minimum slope of two percent for 10 feet on all sides of every building except where yard requirements are less than 20 feet, in which case the soil shall be graded away from the foundation to a minimum of two-tenths of a foot in elevation at a distance not less than one-half the required yard width. The guidance documents referred to in Chapter 15.70 BMC, and city engineering standards, shall be referred to in the planning of site grading so that surfaces drain first to planned landscaped areas before discharging to the public storm system.
P. Properly designed trash racks shall be installed on the upstream end of storm drainpipes 18 inches or larger where the pipe accepts drainage from a waterway, which is not to be undergrounded. These racks are to be constructed to preclude large debris, small children, and pets from entering the pipe. The city may require the installation of trash racks at other locations as deemed necessary for proper maintenance and safety.
Q. Upon completion of grading, provisions shall be made for the permanent maintenance of planted slopes or permanent erosion control measures. Finished improvements contained within private property shall be the responsibility of that owner for permanent maintenance. Where finished improvements are within a common area, there shall be a provision in the covenants, conditions, and restrictions of that development for permanent maintenance. Where finished improvements are to be included in the public right-of-way, then permanent maintenance shall be subject to a condition of approval of the entitlement allowing the improvement(s) within the city’s rights-of-way.
R. No fill material shall be placed, spread, or rolled during unfavorable weather conditions as determined by the soil engineer or city engineer. When the work is interrupted by heavy rains, fill operations shall not be resumed until field tests by the soil engineer indicate that the moisture content and density of the fill are satisfactory for resumption of the filling operation.
S. Modification of the specific grading regulations contained in this chapter may be approved or required by the city upon a finding that such modification:
1. Is necessary to preserve existing natural features, such as trees, streams, rolling hill forms, knolls, ridges, significant vegetation, or rock outcroppings; or
2. Will reduce the adverse visual impacts of cut and fill operations.
For subdivisions of five or more units, this finding must be made by the planning commission or city council at the time of the approval of the tentative map, site plan, etc. For all other grading where a grading permit is required, the finding must be made by the city engineer in consultation with the permittee. (Ord. 22-12 § 1).
15.73.140 Erosion control.
A. All active and passive construction sites projects shall have a best management practices plan and storm water control measures in compliance with BMC 15.70.090. The Benicia Municipal Code requires a storm water pollution prevention plan (SWPPP) that meets either the requirements of the city of Benicia or the state general construction permit. A storm water control plan shall also be submitted in compliance with BMC 15.70.090(E) that incorporates best management practices of site design, source controls and treatment control.
B. The city may approve grading operations through the rainy season if all of the following conditions are met:
1. Applicant has a storm water control plan approved by the city.
2. A letter from the project geotechnical engineer or certified engineering geologist stating that such grading is acceptable and will not create a hazard to life, limb, property and public welfare.
3. Wet weather BMPs for grading operations are in conformance with approved plans and the SWPPP, have been placed and approved by the city, and are kept continuously maintained and in place.
4. Adequate security has been provided to the city.
C. The only BMPs that may be altered are those in direct conflict with the daily construction activity, as long as such BMPs are replaced at the end of the day’s construction activities, the start of a storm event or whichever occurs first.
D. The applicant shall comply with all BMPs and any rules, regulations, standards, ordinances, laws, permits and policies established or issued by the federal Environmental Protection Agency, California Water Quality Control Board, and other regional, state, and federal agencies as applicable.
E. The following documents shall be used as guides for the design and suitability of storm water control measures:
1. The city of Benicia general plan.
2. Association of Bay Area Governments Manual of Standards of Erosion and Sediment Control Measures.
3. California Stormwater Quality Association Best Management Practices Handbook.
4. The Erosion and Sediment Control Field Manual prepared by the Regional Water Quality Control Board, San Francisco Bay Region.
5. Bay Area Storm Water Management Agencies Association “Start at the Source.”
F. Slopes. The faces of cut and fill slopes over four feet in vertical height shall be prepared, stabilized, and maintained to control against erosion. This control may consist of hydroseeding, jute matting, cribbing, walls, terracing, drainage facilities, approved planting, or a combination thereof. If planting is required by the city or as a condition of approval of the tentative map, the planting plan shall be approved by the city’s community development director and by the parks and community services director. The protection for the slopes shall be installed as soon as practicable and prior to October 15th. Where cut slopes are not subject to erosion due to the erosion-resistant character of the materials, such protection may be minimized with prior approval from the city engineer.
G. Other unprotected graded surfaces exceeding 5,000 square feet in area shall be planted, paved, or built upon, or shall be provided with berms, approved drainage facilities or approved erosion control facilities adequate to prevent erosion and to conduct the accumulation of runoff of surface waters to an approved place of discharge.
H. The design, installation and maintenance of all erosion control facilities or methods shall follow the standards and guidelines contained in the latest edition of the California Best Management Practices Handbook for Construction Activity, dated 2003, unless otherwise approved by the city engineer. Erosion control devices (including straw bales, silt fences, etc.) shall be on the site on or before October 1st. The erosion control facilities shall be installed and in operation in accordance with the approved erosion control plan, storm water management plan or storm water pollution prevention plan on or before October 15th. The following basic design principles and standards shall serve as minimum guidelines to control erosion and reduce sedimentation:
1. Stripping or burning of vegetation, grading, or other soil disturbance shall be done in a manner which will minimize soil erosion.
2. Existing natural vegetation shall be retained, protected, and supplemented where necessary. Site development shall be accomplished so that existing trees can be preserved whenever possible and practical.
3. Exposure of soil to erosion by removal of vegetation shall be limited to the smallest area practicable and for the shortest time practicable. Soil exposure shall not exceed an area in which development can be completed during a single construction season to ensure that soils are stabilized, and vegetation is established well in advance of the rainy season.
4. Facilities shall be constructed to retain sediment produced on site.
5. Sediment basins, sediment traps, diversions or similar required measures shall be installed well in advance of any clearing or grading and maintained through any such operations until removal is authorized by the city engineer. Design and size of basins shall be shown on plans and of a capacity to service the watershed affected.
6. Temporary seeding, mulching, or other suitable stabilization measures shall be used to protect exposed erodible areas during development at a minimum of two weeks in advance of the rainy season.
7. Permanent control structures and final vegetation should be installed as soon as practicable in the development, and a long-range maintenance plan developed and adhered to.
8. Standby crews and straw bales or sandbags stacked at the job site shall be available to the permittee or contractor for emergency work during rainstorms.
9. Velocity check dams in all unpaved street areas and all unpaved graded channels shall be provided at the necessary intervals to control and minimize erosion.
10. All erosion control devices shall be in place at the end of each working day during the rainy season and when directed by the city engineer or their authorized representative during the dry season when there is a probability of rain forecasted.
11. All erosion control devices including basins and check dams shall be properly maintained within 24 hours after each storm in order to be prepared to accommodate runoff from the next storm event. This may require basins and check dams to be pumped dry and all debris and silt removed as directed by the soil engineer or city engineer.
12. It is the intent of this chapter to prohibit the abandonment of graded areas or slopes which are not provided with erosion protection and adequate drainage facilities even if all other requirements in this section and this chapter have been provided and approved. (Ord. 22-12 § 1).
15.73.150 Grading inspection.
A. General. All grading operations for which a permit is required, including measures required by Chapter 15.70 BMC, Storm Water, shall be subject to inspection by the city engineer. Special inspection of grading operations and special testing shall be performed in accordance with the provisions of subsection (C) of this section.
B. Grading Designation. All grading in excess of 5,000 cubic yards or with cuts/fills greater than four feet shall be performed in accordance with the approved grading plan prepared by a civil engineer and shall be designated as “engineered grading.” Grading involving less than 5,000 cubic yards shall be designated “regular grading.” When the city engineer has cause to believe that hydraulic, geologic, or other factors may be involved, the grading operation shall be required to conform to “engineered grading” requirements.
C. Engineered Grading Requirements. For engineered grading it shall be the responsibility of the civil engineer who prepares the approved grading plan to incorporate all recommendations from the soil engineering and engineering geology reports into the grading plan. They shall also be responsible for the professional inspection and approval of the grading within their area of technical specialty. This responsibility shall include, but need not be limited to, inspection and approval as to the establishment of line, grade, and drainage of the development area. The civil engineer shall act as the coordinating agent in the event the need arises for liaison between the other professionals, the contractor, and the city engineer. The civil engineer shall also be responsible for the preparation of revised plans and the submission of as-built grading plans upon completion of the work.
Soil engineering and engineering geology reports shall be required as specified in BMC 15.73.160. During grading, all necessary reports, compaction data and soil engineering and engineering geology recommendations shall be submitted to the civil engineer and the city engineer by the soil engineer and the engineering geologist.
The soil engineer’s area of responsibility shall include, but need not be limited to, professional inspection and approval concerning the preparation of ground to receive fills, testing for required compaction, stability of all finish slopes and the design of buttress fills, and, where required, incorporating data supplied by the engineering geologist.
The engineering geologist’s area of responsibility shall include, but need not be limited to, professional inspection and approval of the adequacy of natural ground for receiving fills and the stability of cut slopes with respect to geological matters, and the need for subdrains or other ground water drainage devices. They shall report their findings to the soil engineer and the civil engineer for engineering analysis.
The city engineer shall inspect the project at the various stages of the work requiring approvals and at any more frequent intervals necessary to determine that adequate control is being exercised by the professional consultants.
D. Regular Grading Requirements. The city engineer, at their discretion, may require inspection and testing by an approved testing agency at the permittee’s expense.
The testing agency’s responsibility shall include, but need not be limited to, certification concerning the inspection of cleared areas and benches to receive fill, and the compaction of fills.
E. Notification of Noncompliance. If, while fulfilling their responsibility under this chapter, the civil engineer, the soil engineer, the engineering geologist, or the testing agency finds that the work is not being done in conformance with this chapter or the approved grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and the city engineer. Recommendations for corrective measures, if necessary, shall be submitted.
F. Transfer of Responsibility. If the civil engineer, the soil engineer, the engineering geologist, or the testing agency of record are changed during the work, the work shall be stopped until the replacement has agreed to accept the responsibility within the area of their technical competence for approval upon completion of the work. (Ord. 22-12 § 1).
15.73.160 Completion of work.
A. Final Reports.
1. Upon completion of the rough grading work and at the final completion of the work, the city engineer shall require the following reports and drawings and supplements thereto:
a. An as-built grading plan, including original ground surface elevations, as-graded ground surface elevations, lot drainage patterns and locations and elevations of all surface and subsurface drainage facilities.
b. The grading contractor shall submit a statement that their work was in conformance to said as-built grading plan.
2. For “engineering grading” the following shall also be required:
a. A final soils grading report prepared by the soil engineer including locations and elevations of field density tests, summaries of field and laboratory tests and other substantiating data and comments on any changes made during grading, and their effect on the recommendations made in the soil engineering investigation report. The soil engineer shall submit a statement that, to the best of their knowledge, the work within their area of responsibilities is in accordance with the approved soil engineering report.
b. A geologic grading report prepared by the engineering geologist including a final description of the geology of the site, including any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. The engineering geologist shall submit a statement that, to the best of their knowledge, the work within their area of responsibilities is in accordance with the approved soil engineering report.
c. The civil engineer shall submit a statement that, to the best of their knowledge, the work within their area of responsibility was done in accordance with the final approved grading plan. An as-graded grading plan prepared by the civil engineer on three-mil-thick mylar shall be provided, incorporating original ground surface elevations, as-graded ground surface elevations, lot drainage patterns, location and elevation of all surface and subsurface drainage facilities and other information as contained in the originally approved grading plan.
B. Notification of Completion. The permittee or the permittee’s agent shall notify the city engineer when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices and all erosion control measures, have been completed in accordance with the final approved grading plan and the required reports have been submitted.
C. Upon completion of all grading work, receipt of the as-built grading plan and the necessary statements, and upon evidence that all the requirements of this chapter have been satisfactorily complied with, the city engineer shall notify the city building inspection division. Completion of all rough grading work and approval from the city engineer is required prior to issuance of any building permit by the building inspection division. (Ord. 22-12 § 1).
15.73.170 Appeal procedures.
Any person under this chapter who may be dissatisfied with the action of the city engineer on the application may file an appeal in accordance with Chapter 1.44 BMC. (Ord. 22-12 § 1).
15.73.180 Violations – Prosecution as infraction.
The violation of any provision of this chapter, or failure to comply with any of the mandatory requirements of this chapter, shall constitute a misdemeanor, except that, notwithstanding any other provisions of this chapter, any such violation constituting a misdemeanor under this chapter may, at the discretion of the authorized enforcement officer, be charged and prosecuted as an infraction. (Ord. 22-12 § 1).
15.73.190 Violations – Penalties.
A. Penalties for violation of this chapter shall be as set forth in Chapter 1.08 BMC.
B. The city engineer may issue a stop work order until violation of any provision of this chapter is corrected. If, in the opinion of the city engineer, a grading operation creates a dangerous or hazardous condition, the city engineer shall require the applicant to immediately abate such condition. If the applicant fails to abate the condition, the applicant’s grading bond shall be called by the city and the cost of corrective work charged to the bond. (Ord. 22-12 § 1).