Chapter 85.11 — PRE-CONSTRUCTION FLOOD HAZARD MITIGATION AND EROSION CONTROL INSPECTION

The provisions of this Chapter are enacted to control soil erosion pollution and regulate construction of proposed structures that are subject to flood hazards due to storm events within local flood hazard areas that are not within a designated Flood Plain Safety (FP) Overlay District or Floodway (FW) Land Use Zoning District.

(Ord. 4011, passed - -2007; Am. Ord. 4085, passed - -2009; Am. Ord. 4333, passed - -2017)

The provisions of this Chapter apply to all unincorporated areas of the County except that § 85.11.020 shall only apply to areas not within a designated FP Overlay District or FW Land Use Zoning District. (Ord. 4085, passed - -2009; Am. Ord. 4333, passed - -2017)

(a) No Disturbance of Land and/or Construction without Prior Approval . No person, except as provided in this Chapter, shall commence with a disturbance of land (e.g., grading or land clearing) and/or construction activity that has the potential to affect a discernible water course without first obtaining approval to ensure that the disturbance and/or construction activity will not increase the velocity or alter the direction or point of discharge of a local drainage course in a manner that it negatively effects the proposed structure(s) or other adjacent properties.

(b) Determination by the Building Official . The Building Official shall determine, upon visual inspection of the site and review of any pertinent available resources, whether there is evidence of a discernible watercourse that could affect or could be affected by the proposed improvements or land disturbing activity. If evidence of a discernible watercourse exists, the Building Official may require a Floodplain Development Standards Review conducted by the Land Development Division that will provide further review of the site and proposed improvements. A review fee may be required.

(Ord. 4011, passed - -2007; Am. Ord. 4085, passed - -2009; Am. Ord. 4163, passed - -2012; Am. Ord. 4333, passed - -2017)

(a) No Land Disturbance or Construction Activity without Prior Approval . No person except as provided in this Chapter, shall commence with a disturbance of land (e.g., grading or land clearing) or construction activity that has that potential to cause erosion without first obtaining approval of erosion control measures to ensure that erosion would not reasonably be expected to occur. Best Management Practices (BMPs) shall be implemented at all land disturbance sites, regardless of the area of disturbance.

(b) Inspections Required . Site inspections shall be conducted as needed to verify compliance with this Chapter. Project proponents must also recognize that their project is subject to inspection by the Public Works Department, Environmental Management Division, and Regional Water Quality Control Board staff as part of their General Construction Permit obligations.

(c) Stormwater Pollution Prevention Plan . Projects disturbing more than one acre are also required to have coverage under the State General Construction Permit issued by the State Water Resources Control Board and develop a Stormwater Pollution Prevention Plan (SWPPP). The property owner is required to abide by all provisions of the State General Construction Permit and obtain a Waste Discharge Identification (WDID) number prior to the issuance of building or grading permits when the disturbance is more than one acre.

(d) Review Requirements of Plan . The Building Official, with the concurrence of the Planning Division and the Land Development Division, when appropriate, shall review the plan and determine that the proposed erosion control measures will be adequate and whether or not an erosion control permit is specifically required.

(e) Maintenance of Features . The required features of the approved Erosion Control Plan shall be implemented during the land disturbing activity and maintained thereafter in accordance with the approved plan. (Ord. 4085, passed - -2009; Am. Ord. 4333, passed - -2017)