ARTICLE 93
EROSION AND SEDIMENT CONTROL
25-93-1: PURPOSE:
The purpose of this article is to eliminate and prevent accelerated erosion that has 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. (Ord. #1563, §3)
25-93-2: SCOPE:
This article requires control of all existing and potential conditions of human induced accelerated erosion within all areas of the city. This article 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. (Ord. #1563, §3)
25-93-3: GENERAL PROVISIONS:
A. 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 director of public works.
B. Upon citation by the director of public works, the responsible person, shall take all appropriate measures to control erosion on the site specified in the notification within the period of time determined by the director of public works.
C. The director of public works may require that a property owner whose property has been cited in accordance with subsection B of this section file and obtain approval of a soil erosion and sediment control plan and/or permit in accordance with section 25-93-5 of this article.
D. The director of public works 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. (Ord. #1563, §3; Ord. #1572, §14)
25-93-4: PROJECT DESIGN CONSIDERATIONS:
The following shall be incorporated into design considerations of all land use projects that are subject to the provisions of this article:
A. Identify building and access construction envelopes and identify areas which will not be disturbed by construction activity in order to minimize disturbance of erodible areas of any proposed development site.
B. The preservation of existing streams and drainage courses in their natural condition in order to retain their ability to accommodate runoff and water drainage with a minimum of erosion.
C. All appropriate measures that will facilitate the preparation of an adequate soil erosion and sediment control plan and/or permit measures as specified by this article. (Ord. #1563, §3)
25-93-5: SOIL EROSION AND SEDIMENT CONTROL PLAN:
A. No land clearing or grading other than those activities listed as exemptions by this article or as determined by the director of public works shall occur unless the 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 article.
B. A soil erosion and sediment control plan shall be submitted and approved in accordance with the provisions of this article 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 director of public works, erosion can reasonably be expected to occur.
C. Soil erosion and sediment control plans shall include the measures required by this article. Additional measures or modifications of proposed measures may be required by the director of public works prior to the approval of a soil erosion and sediment control plan.
D. The director of public works shall specify the application requirement for soil erosion and sediment control plans and permits including, but not limited to:
1. Requirements for the submittal of plans and supporting data as required by the director of public works to accompany applications for soil erosion and sediment control plans and/or permits; (Ord. #1563, §3; Ord. #1572, §14)
2. Licensing and/or certification requirements for those preparing soil erosion and sediment control plan and/or permit submittal; and
3. The incorporation and coordination of soil erosion control plans and/or permits with other plan requirements. (Ord. #1563, §3)
E. If in the director of public works’ sole discretion he/she determines that no land disturbance will take place, the applicant 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: (Ord. #1563, §3; Ord. #1572, §14)
1. Change of use permits where there would be no expansion of land disturbing activities.
2. Construction within an existing structure. (Ord. #1563, §3)
25-93-6: 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 into surface waters or storm drainage systems. The following measures shall be used for runoff control, and shall be designed and maintained to control runoff from a 10-year storm: (Ord. #1563, §3)
A. Where soils have a permeability rate of more than two inches (2") per hour, runoff in excess of predevelopment levels shall be retained on the site by methods and in quantities approved by the director of public works. This may be accomplished through the use of infiltration basins, percolation pits or trenches, or other suitable means. This requirement may be waived where the director of public works determines that high ground water, slope stability problems, etc., would inhibit or be aggravated by on site retention, or where retention will provide no benefits for ground water recharge or erosion control.
B. Where soils have a permeability rate of two inches (2") 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 director of public works unless the applicant shows that the runoff which is created will not contribute to downstream erosion, flooding or sedimentation. (Ord. #1563, §3; Ord. #1572, §14)
C. 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.
D. 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.
E. No earth, organic or construction material shall be deposited or placed where it may be directly carried into a stream, lake, marsh, slough, lagoon or body of water.
F. 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 twenty five percent (25%) of the buffer zone nearest the land disturbing activities. (Ord. #1563, §3)
25-93-7: 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 director of public works through a soil erosion and sediment control permit. (Ord. #1563, §3; Ord. #1572, §14)
A. 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:
1. Effective temporary planting such as rye grass, or some other fast germinating native seed, and/or mulching with straw, chippings or other slope stabilization material.
2. Permanent planting of compatible drought resistant species of ground cover, shrubs, trees, or other vegetation.
3. Mulching, fertilizing, watering or other methods necessary to establish new vegetation.
B. The protection required by this section shall be installed prior to calling for final approval of the project and at all times between October 15 and April 15. Such protection shall be maintained for at least one year or until permanent protection is established.
C. No land clearing activities except as otherwise allowed by this article shall take place prior to approval of the erosion control plan and/or permit. Vegetation removal between October 15 and April 15 shall not precede subsequent grading or construction activities by more than fifteen (15) days. During the period of October 15 to April 15, erosion and sediment control measures shall be in place. (Ord. #1563, §3)
25-93-8: WINTER OPERATIONS:
A. The director of public works shall only authorize the following between October 15 and April 15 when it is found that such projects comply with the provisions and are consistent with the purposes of this article: (Ord. #1563, §3; Ord. #1572, §14)
1. Contiguous land clearing operations involving greater than one acre in a one year period of time; and
2. Major grading operations (greater than 1,000 cubic yards).
When construction will be delayed due to the limitation on winter 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 article. (Ord. #1563, §3)
B. The director of public works shall stamp or attach the following statement to all development permits and plans issued within areas subject to the provisions of this article: (Ord. #1563, §3; Ord. #1572, §14)
NOTICE: IF THE CONSTRUCTION ACTIVITY WILL EXTEND INTO THE WINTER 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 WINTER OPERATION BY SECTION 25-93-8 OF THE CITY OF LYNWOOD ZONING CODE. ALL REQUIRED WINTER 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.
(Ord. #1563, §3)
C. The following winter operation measures shall be taken to prevent accelerated erosion. Additional measures may be required by the director of public works, when determined to be necessary by field inspection. (Ord. #1563, §3; Ord. #1572, §14)
1. Between October 15 and April 15, disturbed surfaces not involved in the immediate operation shall be protected by mulching or other effective means of soil protection;
2. 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 may include, but is not limited to, slag, crushed rock or natural soil when compacted to ninety percent (90%) of maximum density as determined by test D1557-58T of the American Society for Testing and Materials, as amended from time to time, for the top twelve inches (12");
3. 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; and
4. Erosion control measures shall be in place at all times and by the end of each day’s work on surfaces under construction. (Ord. #1563, §3)
25-93-9: 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 any approved soil erosion and sediment control plan, may be required by the director of public works as deemed necessary to control erosion after project completion. (Ord. #1563, §3; Ord. #1572, §14)
25-93-10: EXEMPTIONS:
Conditions of accelerated erosion existing prior to adoption of this article are not exempted. The intent of this section is not to invalidate existing permits, but rather to prevent or mitigate accelerated erosion. The following work is exempted from all provisions of this article except sections 25-93-3, “General Provisions”, and 25-93-14, “Appeals”, of this article:
A. Agriculture Activities: Agricultural grading, routine agricultural activities such as plowing, harrowing, disking, ridging, listing, land planning and similar operations to prepare a field for a crop, including routine clearing to maintain existing rangeland.
B. Quarrying: Quarrying done pursuant to a valid conditional use permit and in compliance with the surface mining and reclamation act.
C. Septic Systems And Wells: Work done pursuant to a valid permit for septic system installation and repair or well drilling; however, sections 25-93-7, “Land Clearing”, and 25-93-8, “Winter Operations”, of this article, shall apply, and sediment from these activities shall not be allowed to enter any stream or body of water.
D. 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. (Ord. #1563, §3)
E. 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 director of public works of such projects. (Ord. #1563, §3; Ord. #1572, §14)
F. 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.
Road construction and maintenance as well as 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 article. (Ord. #1563, §3)
25-93-11: VARIANCES:
A request for a variance from the provisions of this article, the permit conditions or the plan specifications may be approved, conditionally approved or denied by the director of public works. The director of public works may refer any variance request filed in accordance with the provisions of this section to the appeal authority as defined in section 25-93-14 of this article. A request for a variance must state in writing: the provision from which a variance is sought, the proposed substitute provisions, when it would apply, and an analysis of the effects of the variance if granted. In granting a variance, the director of public works shall be guided by the following criteria: (Ord. #1563, §3; Ord. #1572, §14)
A. Special circumstances or conditions affecting the property;
B. The necessity of the variance for the proper design and/or function of a reasonable project for the property; and
C. Adequate measures will be taken to ensure consistency with the purpose of this article. (Ord. #1563, §3)
25-93-12: INSPECTION AND COMPLIANCE:
The director of public works shall conduct inspections to ensure compliance with this article.
A. Inspection: The following inspections may be performed by the director of public works: (Ord. #1563, §3; Ord. #1572, §14)
1. Presite inspection: To determine the potential for erosion resulting from the proposed project;
2. Operation progress inspections: To determine ongoing compliance and the necessity of additional erosion control measures; and
3. Final inspection: To determine compliance with approved plans and specifications. (Ord. #1563, §3)
B. Notification: The permittee shall notify the director of public works at least twenty four (24) hours prior to the start of authorized work on the project, and also nine (9) business hours prior to any inspection requested by permittee or permittee’s authorized agent. (Ord. #1563, §3; Ord. #1572, §14)
C. 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 article from the date of the application to the termination of the erosion control maintenance period. (Ord. #1563, §3)
25-93-13: APPLICABLE LAWS AND REGULATIONS:
Any person doing work in conformance with this article must also abide by all other applicable local, state and federal laws and regulations. Where there is a conflict with other preexisting city regulations, that conflict shall be resolved before the project is allowed to proceed. (Ord. #1563, §3)
25-93-14: APPEALS:
Any property owner or other person aggrieved, or any person who believes his/her interests are adversely affected by any act or determination of the director of public works under the provisions of this article, or by any act or determination of any other authorized employee charged with the administration and enforcement of this article, may appeal the act or determination to the planning commission. (Ord. #1563, §3; Ord. #1572, §14)