Chapter 16.64
ENVIRONMENTAL MANAGEMENT
Sections:
16.64.040 Heritage tree preservation requirements.
16.64.050 Riparian plant conservation.
16.64.070 Erosion and sediment control.
16.64.010 Purpose and intent.
This chapter is intended to establish regulations which direct and control the development of the physical environment in a manner which will avoid or minimize the significant adverse impacts to the plants, animals, air, water, soil, and citizens of the city to the greatest extent possible. (Ord. 171 § 16.10, 1994)
16.64.020 Applicability.
A. The provisions of this chapter shall apply to all land uses, proposed or existing, which are located within the city.
B. Each development permit application shall be evaluated to determine compliance with the provisions of this chapter.
C. No land disturbance including but not limited to clearing, grubbing, grading, blading, or scraping of the land shall be performed unless and until the provisions of this chapter have been implemented on the site. (Ord. 171 § 16.20, 1994)
16.64.030 Separate offenses.
Each tree removed in violation of this chapter shall constitute a separate offense. (Ord. 370 § 52, 2012; Ord. 171 § 16.30, 1994)
16.64.040 Heritage tree preservation requirements1.
A. Intent. This section shall apply to all heritage trees, as defined herein, located on private property within the city of Highland.
B. Exceptions.
1. The following shall be exempt from the provisions of this section:
a. Trees which are fruit or nut bearing shall be exempt except as follows:
i. Where planted in groves, these trees may be removed only pursuant to a tree removal permit issued not earlier than the issuance of grading permits.
ii. A tree removal permit shall not be issued for removal of fruit or nut bearing trees in groves until a soil erosion control plan has been submitted to and approved by the city engineer. This plan shall provide for soil and water erosion control during the period between tree removal and construction and for clearing as per the provisions of subsection G of this section. Suitable bonds as determined by the city engineer to ensure compliance with the soil erosion control plan shall be posted with the city prior to the issuance of a tree removal permit for fruit or nut bearing trees planted in groves.
iii. Every effort shall be made to retain and maintain existing fruit or nut bearing trees planted in groves until the absolute necessity for their removal arises. Applicants shall be encouraged to retain as many of these trees as feasible and/or incorporate them into the design of any associated development proposal.
b. Trees planted, grown, and/or held for sale by licensed nurseries and/or tree farms or the removal or transplanting of such trees pursuant to the operation of a licensed nursery and/or tree farm.
c. Trees within existing or proposed public rights-of-way where their removal or relocation is necessary to obtain adequate line-of-sight distances as required by the city engineer, or his designee.
d. Trees which, in the opinion of the city engineer, will cause damage to existing public improvements.
e. Trees which require maintenance or removal action for the protection of existing electrical power or communication lines or other property of a public utility as determined by the city engineer.
f. Removal of trees as part of a fire hazard reduction program approved by the fire department.
g. Removal of trees on lots that have a net area of 20,000 square feet or less, which are developed with a primary structure, other than a sign structure.
h. Emergency Waiver.
i. In the case of trees determined by the community development director, or designee, to be in a dangerous condition requiring emergency action to protect the public health, safety and welfare, the permit requirement may be waived.
ii. Tree(s) or portion of a tree which creates an immediate threat to the public health, safety and welfare and requires emergency removal to prevent damage to a structure or injury to people or fenced animals. The community development director or his designee shall be notified within five calendar days of the emergency tree removal.
C. Requirements for Permit.
1. No person, firm, or corporation shall remove, relocate or destroy any heritage tree within the city limits, including an applicant for a building permit, without first obtaining a tree removal permit from the community development director.
2. No tree removal permit shall be issued for the removal of any heritage tree on any lot associated with a proposal for development, unless all discretionary approvals have been obtained from the city.
3. No tree designated as an historic landmark shall be altered, removed, relocated or destroyed by any person, firm or corporation without first obtaining a landmark alteration permit and tree removal permit.
D. Permit Application.
1. An application for a tree removal permit shall be filed, together with any required fee as set by resolution of the city council, with the community development director on forms provided for the purpose. The application shall be submitted with a report which shall contain the following information:
a. A statement as to reasons for removal or relocation.
b. The number, species, and size (circumference as measured four and one-half feet from ground level) and height of tree.
c. The location of all trees on-site on a plot plan in relation to existing and proposed structures and improvements (e.g., streets, sidewalks, fences, slopes, retaining walls, etc.). If the application is associated with a proposal for development, the location of all existing and new trees on-site shall be plotted on a grading plan.
d. If a tree is proposed to be relocated, the relocation site shall be identified and site preparation and relocation methods described.
e. Proposed method of removal and method of disposal.
f. The health of any tree declared diseased, infested, or dying shall be verified by a written report of a qualified tree expert.
g. At the applicant’s expense, a report by a qualified tree expert may be required to be submitted to the community development director analyzing items (D)(1)(a) through (f) of this section.
2. Private Property. Where an application for a tree removal permit is filed on private property and is not associated with a proposal for development, the following procedure is hereby established:
a. Upon receipt of the application, the community development director may investigate the site and shall evaluate the application and report from a tree expert if required on the basis of the following criteria:
i. The condition of the tree(s) with respect to disease, danger of collapse of all or any portion of the tree(s), proximity to an existing structure, or interference with utility services.
ii. The necessity to remove tree(s) in order to construct improvements which allow economic enjoyment of the property.
iii. The number of trees existing in the neighborhood; and the effect the removal would have on the established character of the area and the property values.
iv. Whether or not such trees are required to be conserved by any specific plan, community plan, condition of approval, or designated as an historic landmark.
v. Whether or not the removal of the tree(s) is necessary to construct required improvements within the public street right-of-way or within a flood control or utility right-of-way.
vi. Whether or not the tree could be conserved by pruning and proper maintenance or relocation rather than removal.
vii. Whether or not such tree(s) constitute a significant natural resource of the city.
b. Subsequent to investigation, the community development director may approve the permit for the removal of all or some of the trees included in the application, and may attach conditions of compliance as deemed necessary, including but not limited to the replacement of the removed tree(s) with reasonably equivalent replacement trees. The community development director may refer any request to the planning commission where it is determined the application involves unusual site development requirements or unique characteristics, or raises questions of policy substantially more significant than generally pertain and which require planning commission consideration.
c. The permit shall be valid for a period of 90 calendar days, by which time the tree removal shall commence, unless an extension is requested 14 days prior to the expiration of the permit.
3. Associated with a Proposal for Development. Where an application for a tree removal permit is associated with a proposal for development, the following procedure is hereby established.
a. Upon receipt of the application, the community development director may investigate the site and shall evaluate the application and a report from a tree expert, if required, on the basis of the following criteria:
i. The condition of the tree(s) with respect to disease, danger of collapse of all or any portion of the tree(s), proximity to an existing structure, or interference with utility services.
ii. The necessity to remove tree(s) in order to construct improvements which allow economic enjoyment of the property.
iii. The number of tree(s) existing in the neighborhood; and the effect the removal would have on the established character of the area and the property values.
iv. Whether or not such trees are required to be conserved by a specific plan, community plan, condition of approval, or designation as historic landmark.
v. Whether or not the removal of the tree(s) is necessary to construct required improvements within the public street right-of-way or within a flood control or utility right-of-way.
vi. Whether or not the tree could be conserved by pruning and proper maintenance or relocation rather than removal.
vii. Whether or not such tree(s) constitute a significant natural resource of the city.
b. The community development director shall give priority to the inspection of those requests based upon hazardous conditions.
c. The community development director may refer any request to the planning commission for a determination where the application involves unusual site development requirements or unique characteristics, or raises questions of policy substantially more significant than generally pertain and which require planning commission consideration.
d. Where an application for a tree removal permit is associated with a development proposal which requires an approval by the planning commission or city council, the community development director shall complete an investigation and submit a report to the pertinent reviewing authority. The reviewing authority shall review the case and shall make a determination on the permit.
e. At least 10 calendar days prior to making a decision, the community development director shall provide for public comment through notice to the property owners adjoining the subject property that such tree removal permit was requested. For development projects subject to public hearing, notification of the hearing shall include a description of the tree removal permit request.
4. Subsequent to investigation, the community development director, designee or reviewing authority as the case may be shall approve, conditionally approve or deny the application to remove or relocate any heritage tree(s). The community development director, designee or reviewing authority may impose conditions deemed necessary to implement the provisions of this article, including, but not limited to, replacement of the removed or cut down tree or trees with tree(s) of species, type and quantity commensurate with the aesthetic value of the tree or trees cut down or removed; or tree relocation to another site on the property; provided, that the environmental conditions of said new location are favorable to the survival of the tree; and provided further, that such relocation is accomplished under direction of a qualified tree expert.
E. Historic Landmark Trees. When the tree(s) in question are designated as an historic landmark, a request for a tree removal permit shall be subject to review and recommendation by the historic preservation board. The recommendation of the historic preservation board shall be forwarded to the community development director or other reviewing authority as appropriate for action.
F. Approval Period. Tree removal permits shall be effective following the 10-calendar-day appeal period and shall be valid for a period of 90 calendar days, subject to extension. Where the tree removal permit is associated with a proposal for development, the 90 calendar days shall start from the date of approval or issuance of building permit, whichever comes first.
G. Cleanup. All cut trees, debris and litter shall be cleaned up and removed from the site within two weeks after tree removal or pruning has been completed. However, trees, limbs, etc., which are to be used for firewood shall be sawed for such purposes and neatly stacked within two weeks and may remain on premises of lots containing residential units.
H. Tree Replacement Policy.
1. Any heritage tree removal subject to a tree removal permit shall require replacement at a ratio of two to one with size and species to be determined by the community development director.
2. The community development director or the reviewing authority shall condition tree removal permit for replacement of tree(s) within a specified time period and in accordance with the replacement policy established herein.
I. Protection of Existing Trees.
1. Care shall be exercised by all individuals, developers and contractors working near trees to be preserved so that no damage occurs to said trees. All construction shall protect the health of trees to remain, relocated trees, and new trees planted to replace those removed in accordance with the following measures:
a. All trees to be saved shall be enclosed by an appropriate construction barrier, such as chainlink fence or other means acceptable to the community development director or designee, prior to the issuance of any grading or building permit and prior to commencement of work. The protective devices are to remain in place during all phases of construction and may not be removed without the written consent of the community development director until construction is complete.
b. No substantial disruption or removal of the structural or absorptive roots of any tree shall be performed.
c. During construction when major tree root(s) are exposed and the root(s) are to be severed, a clean hand saw shall be used to make the cut, and the cut surface shall be treated with a clear polyurethane.
d. No fill material shall be placed within three feet from the outer trunk circumference of any tree.
e. No fill materials shall be placed within the dripline of any tree in excess of 18 inches in depth. This is a guideline and is subject to modification to meet the needs of individual tree species as determined by a qualified tree expert.
f. No substantial compaction of the soil within the dripline of any tree shall be undertaken.
g. No construction by-products shall be deposited within the dripline.
h. No construction, including structures and walls, that disrupts the root system shall be permitted. As a guideline, no cutting of roots should occur within a distance equal to three and one-half times the trunk diameter, as measured at ground level. Actual setbacks may vary to meet the needs of individual tree species as determined by a tree expert. Where some root removal is necessary, as determined by a tree expert, the tree crown may require thinning to prevent wind damage.
i. Windrows to be preserved shall have adequate provisions for deep watering and limit surface watering within 15 feet of trunk.
j. The community development director or his designee may impose such additional measures determined necessary to preserve and protect the health of trees to remain, relocated trees, and new trees planted to replace those removed.
k. Trees shall be removed no earlier than 45 calendar days prior to issuance of building permits. However, applicants shall be encouraged to retain as many trees as feasible and/or incorporate them into the design of development project.
l. Tree Maintenance.
i. The maintenance of trees standing upon public parkway or private homeowner-owner property shall be the responsibility of the owner or owners of those properties except that trees that are in the public right-of-way and that are determined by the city engineer to be a public safety hazard shall be abated by the city.
ii. Builders shall be required to prune, treat, and maintain existing trees and plant new ones in such a fashion that when the trees become property of the city, association, or private owner the trees will be free of various damage, pests, diseases, and dead branches. The trees shall be in good biological and aesthetic condition upon acceptance. (Ord. 341 § 35, 2009; Ord. 171 § 16.40, 1994)
16.64.050 Riparian plant conservation.
A. Intent. This section is intended to establish regulation which will promote healthy and abundant riparian habitats. The provisions of this chapter are designed to augment and coordinate with the responsibilities of the California Department of Fish and Game.
B. Applicability.
1. The provisions of this section shall apply to all riparian areas growing on private land within the city of Highland and to riparian areas growing on public land owned by the city of Highland.
2. Exceptions. The provisions of this section are not applicable to emergency Flood Control District operations or water conservation measures established and authorized by an appropriate independent special district with such responsibility.
C. Subject Areas and Plants. Except as otherwise provided or excepted by the provisions of this section, the removal of any vegetation within 25 feet of the drip line of riparian vegetation along a stream indicated as blueline on a United States Geological Survey Quadrangle (topographic) map or indicated as a protected riparian area on a community or specific plan, shall be subject to a tree removal permit in accordance with the procedures detailed by this section and shall be subject to environmental review. Any necessary conditions of approval for removal of riparian vegetation may be imposed in addition to and in combination with any condition imposed pursuant to this section. (Ord. 171 § 16.50, 1994)
16.64.060 Front yard trees.
A. General Provisions.
1. The planting of front yard trees in connection with the development of new land divisions is desirable, and shall be required as a condition of approval in all land divisions.
2. All land divisions governed by this section shall be required to have planted the minimum number of trees per this title per parcel frontage prior to final building inspection based on the requirements of the landscape development guidelines and specifications and the following standard.
a. Trees shall be chosen from the approved city of Highland street tree list for trees, shrubs, and groundcovers. Each choice should reflect consideration of the geographic zone involved.
b. Trees shall be selected, located, and maintained such that at 15 years of age the crown will be a minimum height of 20 feet above any encroachment across property lines or into street road beds.
c. Trees shall be located a minimum of 10 feet from driveways.
d. For corner lots, street trees shall be required on both street frontages, provided such planting does not interfere with sight distances and setbacks.
e. Exceptions to street tree planting may be permitted by the community development director in cul-de-sacs and on those lots where proper spacing is not possible. Requests for exception shall be made, in writing, to the community development director.
3. The proposed location of all street trees shall be indicated on the landscape plans submitted to the city engineer for comment and community development director for final approval.
B. Exemptions.
1. Any person may be exempted from any applicable requirement to plant street trees if any of the following conditions are found to exist:
a. Tree planting is impractical due to unsatisfactory soil, rock, grade or other topographical conditions that cannot readily be corrected;
b. A satisfactory water supply is not available;
c. Tree planting will create conditions hazardous to traffic;
d. The street is planned to be widened within a reasonable period of time and trees cannot now be set in their ultimate right-of-way; or
e. Trees are already planted in substantially correct location.
2. Any request for exemption shall be approved by the community development director. The decision on any request for an exemption under this section shall be made prior to the issuance of any building or grading permits. (Ord. 171 § 16.60, 1994)
16.64.070 Erosion and sediment control.
A. Intent. This section is intended to reduce, eliminate, and prevent conditions of accelerated erosion that have led to, or could lead to, degradation of water quality, loss of fish habitat, damage to property, loss of topsoil and vegetation cover, disruption of water supply, increased danger from flooding, and the deposition of sediments and associated nutrients.
B. Applicability. This section requires control of all existing and potential conditions of human-induced accelerated erosion within the city in areas which are within or adjacent to mountains and hillsides. This section sets forth required provisions for project planning, preparation of erosion control plans, runoff control, land clearing, and winter operations and establishes procedures for administering those provisions.
C. General Provisions.
1. No person shall cause or allow the continued existence of a condition on any site that is causing or is likely to cause accelerated erosion as determined by the building official.
2. Upon notification by the city engineer or building official, the property owner or other responsible person shall take all appropriate measures to control erosion on the site specified in the notification within a reasonable period of time as determined by the building official.
3. The city engineer or building official may require that a property owner whose property has been cited in accordance with this section obtain approval of a soil erosion and sediment control plan and/or permit in accordance with this section.
4. The city engineer or building official may direct that any particular operation, process or construction be stopped during periods of inclement weather if he or she determines that erosion problems are not adequately being controlled.
D. Project Design Considerations. The following shall be incorporated into the design considerations of all land use projects that are subject to the provisions of this chapter:
1. Identify building and access construction envelopes and identify areas which will not be disturbed by construction activity in order to minimize disturbance of the erodible areas of any proposed development site.
2. The preservation of existing streams and drainage courses in their natural condition to retain their ability to accommodate runoff and water drainage with a minimum of erosion.
3. All appropriate measures that can be addressed at the time of the proposed land use decision that will facilitate the preparation of an adequate soil erosion and sediment control plan and/or permit measures as specified by this section.
4. Any additional measures that can be addressed at the time of the proposed land use decision that will ensure the effective implementation of the intent and letter of the provisions of this section.
E. Soil Erosion and Sediment Control Plan.
1. No land clearing or grading other than those activities listed as exemptions by this chapter or as determined by the building official shall occur unless said land clearing or grading is in compliance with an approved soil erosion and sediment control plan and/or permit issued in accordance with the provisions of this section.
2. A soil erosion and sediment control plan shall be submitted and approved in accordance with the provisions of this section prior to the issuance of building permits, soil erosion and sediment control permits, grading permits or any other permit where, in the opinion of the building official, erosion can reasonably be expected to occur.
3. Soil erosion and sediment control plans shall include, as a minimum, the measures required by this section. Additional measures or modifications of proposed measures may be required by the building official prior to the approval of a soil erosion and sediment control plan.
4. Authority. The building official shall specify the application requirement for soil erosion and sediment control plans and permits including, but not limited to:
a. Requirements for the submittal of plans and supporting data to accompany applications for soil erosion and sediment control plans and/or permits;
b. Licensing and/or certification requirements for those preparing soil erosion and sediment control plan and/or permit submittals; and
c. The incorporation and coordination of soil erosion control plans and/or permits with other plan requirements.
5. Exemptions. Applications for activities where the building official recognizes that no land disturbance will take place shall not be required to include a soil erosion and sediment control plan and/or permit. Such activities may include, but are not limited to:
a. Change of use permits where there would be no expansion of land-disturbing activities;
b. Construction within an existing structure.
F. Runoff Control. Runoff from activities subject to a development permit shall be properly controlled to prevent erosion. Erosion control and surface flow containment facilities shall be constructed and maintained to prevent discharge of sediment to surface waters or storm drainage systems. The following measures shall be used for runoff control and shall be adequate to control runoff from a 10-year storm:
1. Where soils have a permeability rate of more than two inches per hour, runoff in excess of predevelopment levels shall be retained on the site by methods and in quantities approved by the building official. Such methods shall as practicably as possible prevent transportation of sediment and allow acceptable clear runoff water, as determined by the building official. 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 building official 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.
2. Where soils have a permeability rate of two inches per hour or less and on-site percolation is not feasible, runoff should be detained or dispersed over nonerodible vegetated surfaces so that the runoff rate does not exceed the predevelopment level. When the runoff rate must exceed the predevelopment level, the runoff water shall be discharged over nonerodible surfaces or at a velocity that will not erode. On-site detention shall be required by the building official unless the applicant shows that the runoff which is created will not contribute to downstream erosion, flooding or sedimentation.
3. Any concentrated runoff which cannot be effectively dispersed over nonerodible channels or conduits to the nearest drainage course shall be contained within on-site percolation devices. Where water will be discharged to natural ground or channels, appropriate energy dissipators shall be installed to prevent erosion at the point of discharge.
4. Runoff from disturbed areas shall be detained or filtered by berms, vegetated filter strips, catch basins, or other means as necessary to prevent the escape of sediment from the disturbed area.
5. 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.
6. Where land-disturbing activities are in proximity to lakes or natural watercourses, a buffer zone is required along the land-water margin of sufficient width to confine visible siltation within 25 percent of the buffer zone nearest the land-disturbing activities.
G. Land Clearing. Land clearing shall be kept to a minimum. Vegetation removal shall be limited to that amount necessary for building, access, fire protection and construction as shown on the approved soil erosion and sediment control plan or as allowed by the building official through a soil erosion and sediment control permit.
1. All disturbed surfaces shall be prepared and maintained to control erosion and to establish vegetative growth compatible with the area. This control shall consist of any one or a combination of the following:
a. Effective temporary planting such as rye grass, or some other fast-germinating native seed, and/or mulching with straw, pine needles, chippings or other slope stabilization material.
b. Permanent planting of compatible drought-resistant species of groundcover, shrubs, trees, or other vegetation.
c. Mulching, fertilizing, watering or other methods necessary to establish new vegetation.
d. On slopes less than 20 percent, topsoil shall be stockpiled and reapplied.
2. The protection required by this section shall be installed prior to calling for final approval of the grading operation and at all times between October 15th and April 15th. Such protection shall be maintained until permanent protection is established.
3. No land clearing activities except as otherwise allowed by this chapter shall take place prior to approval of the erosion control plan and/or permit. Vegetation removal between October 15th and April 15th shall not precede subsequent grading or construction activities by more than 15 days. During this period, erosion and sediment control measures shall be in place.
H. Rainy Season Operations.
1. The building official shall only authorize the following between October 15th and April 15th when it is found that such projects comply with the provisions and are consistent with the purposes of this section.
a. Contiguous land clearing operations involving greater than one acre in a one-year period of time.
b. Major grading operations (greater than 100 cubic yards).
When construction will be delayed due to the limitation on rainy season operations, the date for expiration of the permit shall be extended by that amount of time that work is delayed by the requirements of this section.
2. The building official and community development director shall stamp or attach the following statement to all development permits and plans issued within areas subject to the provisions of this chapter.
Notice: If the construction activity will extend into the rainy season operations period (October 15 through April 15), additional soil erosion and sediment control measures may be required.
Any development project which is required to implement an approved soil erosion control plan shall have such approved plan amended if it does not comply with the provisions established for rainy season operation by HMC 16.64.070(H). All required rainy season operation erosion control devices shall be installed prior to October 15 for ongoing construction projects and prior to any construction activity for those development projects commencing between October 15 and April 15.
3. The following rainy season operation measures shall be taken to prevent accelerated erosion. Additional measures may be required by the building official, when determined to be necessary by field inspection.
a. Between October 15th and April 15th, disturbed surfaces not involved in the immediate operation shall be protected by mulching or other effective means of soil protection.
b. All roads and driveways shall have drainage facilities sufficient to prevent erosion on or adjacent to the roadway or on downhill properties. Erosion-resistant surfacing shall be required on all roads, parking areas, and driveways. Erosion-resistant surfacing may include, but is not limited to, slag, crushed rock or natural soil when compacted to 90 percent of maximum density as determined by Test D1557-58T of the American Society for Testing and Materials for the top 12 inches.
c. Runoff from a site shall be detained or filtered by berms, vegetated filter strips, or catch basins to prevent the escape of sediment from the site. These drainage controls shall be maintained by the permittee or property owner as necessary to achieve their purpose throughout the life of the project.
d. Erosion control measures shall be in place at the end of each day’s work.
I. Continued Responsibility. It shall be the responsibility of the property owner and the permittee to ensure that accelerated erosion does not occur from any activity during and after project construction. Additional measures, beyond those specified in an approved soil erosion and sediment control plan, may be required by the building official as deemed necessary to control erosion after project completion.
J. Exemptions.
1. Conditions of accelerated erosion existing prior to adoption of this chapter are not exempted. The intent of this section is not to invalidate existing discretionary permits, but rather to prevent or mitigate accelerated erosion. The following work is exempted from all provisions of this chapter except HMC 16.64.070(C), General Provisions.
a. Agriculture Activities. Agricultural grading, routine agricultural activities such as plowing, harrowing, discing, ridging, listing, land planning, and similar operations to prepare a field for a crop, including routing clearing to maintain existing rangeland.
b. Timber Harvesting. Work done pursuant to a valid timber harvest permit.
c. Quarrying. Quarrying done pursuant to a valid mining and reclamation plan.
d. Septic Systems and Wells. Work done pursuant to a valid permit for septic system installation and repair or well drilling; however, HMC 16.64.070(G), Land Clearing, and 16.64.070(H), Rainy Season Operations, shall apply, and sediment from these activities shall not be allowed to enter any stream or body of water.
e. Soil Tests. Routine testing of soil type and characteristics to determine soil suitability, water percolation or similar soil tests; provided, however, that sediment from these activities shall not be allowed to enter any stream, drainage course or body of water.
f. Resource Management. Clearing, fuel management, reforestation, erosion control or other resource management programs carried out under the auspices of a government agency which include appropriate erosion control measures. Agencies should notify the building official of such project.
g. Land Clearing for Fire Protection. Land clearing and vegetation clearance around structures as required by state and local fire codes and fire prevention guidelines. Land clearing exempted under the provisions of this subsection shall be limited to that required to comply with applicable fire codes and regulations.
2. Road construction and maintenance and installation of utilities in accordance with plans and procedures approved by the city engineer or his designated representative are exempt from the provisions of this section; provided, that adequate measures, consistent with the intent of this chapter, have been taken to control erosion and the flow of sediment into lakes, streams, and drainage courses.
K. Inspection and Compliance. The building official shall conduct inspections to ensure compliance with this section.
1. Inspection. The following inspections may be performed by the building official:
a. Pre-site inspection to determine the potential for erosion resulting from the proposed project.
b. Operation progress inspections to determine ongoing compliance.
c. Final inspection to determine compliance with approved plans and specifications.
2. Notification. The permittee shall notify the building official at least 24 hours prior to start of the authorized work, and prior to any inspection requested by permittee or permittee’s authorized agent.
3. Right of Entry. The filing of an application for a development permit constitutes a grant of permission for the city to enter the permit area for the purpose of administering this section from the date of the application to the termination of the erosion control maintenance period.
L. Applicable Laws and Regulations. Any person doing work in conformance with this chapter must also abide by all other applicable local, state and federal laws and regulations. Where there is a conflict with other pre-existing city regulations, that conflict shall be resolved before the project is allowed to proceed. (Ord. 171 § 16.70, 1994)
Code reviser’s note: The original source for this section appears to be Ord. 103, 1990.