Chapter 9.37 — SOIL EROSION AND DUST CONTROL

This chapter establishes uniform standards and processes for regulating development that disturbs the surface of lands. The intent of these provisions is to ensure conservation of soil, water, and other valuable natural resources, reduce erosion and maintain soil productivity, maintain healthy environments and air quality, and guide the planning and evaluation of proposed development. (Ord. 254, 12-16-2014)

Each section in this chapter describes activities that disturb land surfaces; identifies required permits and plans for the activities; and provides regulations to mitigate the adverse impact of the activities from new development. (Ord. 254, 12-16-2014)

The intent of this section is not to invalidate existing discretionary permits issued by the town, but rather to prevent or mitigate accelerated erosion. The following activities shall be exempt from the provisions of this chapter:

A. Activities Not Resulting In Land Disturbance: Activities where the director recognizes that no land disturbance will take place or otherwise determines activities to be exempt, including:

1. Change of use permits where there would be no expansion of land disturbing activities.

2. Construction within an existing structure.

• B. Agricultural Activities: Agricultural grading and routine agricultural activities (e.g., plowing, harrowing,

disking, ridging, listing, land planning, and similar operations to prepare a field for a crop, including routine clearing to maintain existing rangeland, etc.).

C. Land Clearing Activities For Fire Prevention: Land clearing and vegetation clearance around structures as required by state and local fire codes and fire prevention guidelines. Land clearing shall be limited to that required to comply with applicable fire codes and regulations.

• D. Septic System And Well Installation And Repair Activities: Activities in compliance with a valid permit for septic system installation and repair or well drilling.

E. Soil Testing Activities: 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 a stream, drainage course, body of water, or onto adjacent properties.

F. Installation Or Repair Of Utility Services Within Public Rights Of Way: When necessary to grade, trench, or otherwise install, repair or replace utility services within the boundaries of utility or public rights of way when the activities are completed within seventy two (72) hours. (Ord. 254, 12-16-2014)

This section provides regulations for project planning, preparation of soil erosion, sediment and dust control plans, runoff control, and land clearing to control disturbances to fragile desert soils in order to reduce the amount of fugitive dust that may (for long periods of time) adversely affect those who own, possess, control, or use parcels of land; and those who are located downwind of a parcel of land whose surface is being disturbed.

A. Applicability: The provisions in this section apply to development applications on parcels that are one acre or greater in size or have a slope of greater than ten percent (10%).

B. Permit Requirements: 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 the 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. A land use permit shall not be required for grading, land clearing, or vegetation removal activities that comply with subsection C, "Dust Control Standards", of this section. If more extensive grading, land clearing, or vegetation removal activities are proposed than allowed in subsection C of this section, the activities shall require approval of a site plan and design review permit in compliance with chapter 9.68, "Site Plan And Design Review", of this title.

1. Permit Application: An application for the grading permit shall be made in writing to the department on forms provided by the town. The application shall be accompanied by specified plans and supporting data/materials and a fee established by resolution of the council to cover the costs of handling and processing the application.

2. Conditions: The grading permit shall be subject to conditions that the director may impose to ensure that surface protection is provided before, during, and/or after the time of the disturbance of the surface or subsurface of the land. Protective measures required by the director shall be provided by means of measures or any other effective method, or combination of methods, of holding the soil in place.

3. Annual Permit Renewals And Fee Payments: Annual renewal and payment of appropriate fees shall be required until the director releases the permittee from the permittee's obligations under the permit in compliance with subsection B4, "Continuing Obligation To Prevent Erosion Until Release", of this section.

4. Continuing Obligation To Prevent Erosion Until Release: In order to prevent the soil on the land from being eroded by wind and blown onto public roads or other public or private property, the permittee's obligations under the grading permit shall continue in force and effect, regardless of whether the permit has been renewed as required by subsection B3, "Annual Permit Renewals And Fee Payments", of this section until the town has notified the permittee in writing that the permittee's obligations under the grading permit are released.

C. Dust Control Standards: Land shall be cleared or natural vegetation shall be removed only in order to provide for the installation of building pads, driveways, landscaping, agriculture, or some other structure or allowed use normally related or accessory to residential uses. No person, except as provided in this chapter, shall commence with a disturbance of land (e.g., grading or land clearing) without first obtaining approval to assure that said disturbance will not result in a significant increase of fugitive dust. Said approval may be in the form of a development permit. (Ord. 254, 12-16-2014)

This section provides regulations to conserve soil resources and to minimize the injurious effects of dust storms.

A. Statement Of Hazardous Wind Erosion Conditions:

1. Existence Of Hazardous Wind Erosion Conditions: Serious and hazardous wind erosion problems exist within the town creating conditions that adversely affect the health, safety, welfare, and property of residents of the town.

2. Reasons For Hazardous Wind Erosion Conditions: These conditions exist because of:

• a. Improper and untimely disturbance of the surface or subsurface of land, the soil of which is coarse textured and of a sandy nature; and

b. The character and the presence of strong prevailing winds, seasonal and otherwise, that progressively erode land and blow soil in substantial quantity onto public and private property.

3. Public Nuisance: The hazardous wind erosion conditions constitute a public nuisance.

4. Areas Of Hazardous Wind Erosion Conditions: Hazardous wind erosion conditions are prevalent and in need of correction within the town.

B. Dust Prevention Required: To conserve the soil resources and to minimize the injurious effects of dust storms, the owner and all persons in possession of real property subject to any development permit within the town shall take reasonable measures and means to prevent dust blowing from the property.

C. Enforcement: Enforcement of this section shall be pursuant to the provisions of section 9.37.060, "Erosion Control, Runoff Control, And Enforcement", of this chapter. (Ord. 254, 12-16-2014)

• A. General Erosion Control Requirements:

1. Conditions Causing Accelerated Erosion Prohibited: No person shall cause, or allow the continued existence of, a condition on a site that is causing or is likely to cause accelerated erosion as determined by the director.

2. Notification To Control Erosion: Upon notification by the director, the responsible person shall take appropriate measures to control erosion on the site within a reasonable period of time as determined by the director.

3. Plan/Permit Approval: The director may require that a property owner, whose property has been cited in noncompliance with subsection A2, "Notification To Control Erosion", of this section, file and obtain approval of a soil erosion and sediment control plan and grading permit in compliance with subsection 9.37.040B of this chapter (soil erosion and sediment control plans).

4. Cessation Of Activities Due To Inclement Weather: The director may require that a particular operation, process, or construction be stopped during periods of inclement weather if the director determines that erosion problems are not adequately being controlled.

B. Runoff Control Measures: Activities subject to a development permit (e.g., conditional use permit, building permit, grading permit, planned development permit, site plan and design permit, temporary use permit, etc.) shall implement measures to control runoff in order to prevent erosion. Measures shall be adequate to control runoff from a 100-year storm.

1. Prevention Of Sediment Discharge: Erosion control and surface flow containment facilities shall be constructed and maintained to prevent discharge of sediment to surface waters or storm drainage systems.

2. Permeability Rate:

a. More Than Two Inches Per Hour: Where soils have a permeability rate of more than two inches (2") per hour, runoff shall be retained on the site by methods and in quantities approved by the building official, at the level of increment plus ten percent (10%) that percolates within forty eight (48) hours. This may be accomplished through the use of infiltration basins, percolation pits or trenches, or other suitable means. This requirement may be waived where the director determines that high groundwater, slope stability problems, etc., would inhibit or be aggravated by on site retention, or where retention will provide no benefits for groundwater recharge or erosion control. The runoff water shall be discharged over nonerodible surfaces or at a velocity that will not erode.

ts or trenches, or other suitable means. This requirement may be waived where the director determines that high groundwater, slope stability problems, etc., would inhibit or be aggravated by on site retention, or where retention will provide no benefits for groundwater recharge or erosion control. The runoff water shall be discharged over nonerodible surfaces or at a velocity that will not erode.

b. Two Inches Per Hour Or Less: Where soils have a permeability rate of two inches (2") per hour or less and on site percolation is not feasible, runoff shall be detained or dispersed over nonerodible vegetated surfaces so that the runoff rate does not exceed the predevelopment level, while implementing measures designed to retain increment plus ten percent (10%) retained that percolates within forty eight (48) hours where feasible. The runoff water shall be discharged over nonerodible surfaces or at a velocity that will not erode. The director shall require on site detention unless the applicant shows that the runoff will not contribute to downstream erosion, flooding, or sedimentation.

3. On Site Percolation Devices: Concentrated runoff that cannot be effectively dispersed over nonerodible channels or conduits to the nearest drainage course shall be contained within on site percolation devices.

4. Energy Dissipaters At Point Of Discharge: Where water will be discharged to natural ground or channels, appropriate energy dissipaters shall be installed to prevent erosion at the point of discharge.

5. Detention Or Filtration Mechanisms: Runoff from disturbed areas shall be detained or filtered by berms, vegetated filter strips, catch basins, or other means necessary to prevent the escape of sediment from the disturbed area.

6. Deposition Of Earth Or Materials Prohibited: No earth, organic, or construction material shall be deposited in or placed where it may be directly carried into a stream, lake, marsh, slough, lagoon, or body of water.

7. Buffer Zone Along Land/Water Margin: Where land disturbing activities are in proximity to lakes or natural watercourses, a buffer zone shall be required along the land/water margin of sufficient width to confine visible siltation within twenty five percent (25%) of the buffer zone nearest the land disturbing activities.

• C. Authority:

1. Authorized Actions: The town shall have authority, at all reasonable times, to enforce this chapter and to:

• a. Enter upon any property to investigate for violations of this chapter.

• b. Issue temporary stop work orders.

• c. Issue a citation to a person committing a misdemeanor or an infraction offense under this chapter within the presence of the director.

2. Inspection Or Abatement:

• a. The inspection or abatement of a structure or private property shall be made:

• (1) With the consent of the owner or occupant of the property; or

• (2) If consent is refused, with a warrant issued in compliance with California Code Of Civil Procedure section 1822.50 (title 13 [inspection warrants] of part 3 [special proceedings of a civil nature]).

• b. However, in the event of an emergency affecting the public health or safety, an inspection or abatement may be made without consent or the issuance of a warrant.

• D. Abatement Of Hazardous Conditions:

1. Notice Of Hazardous Conditions: When land presents a hazardous condition that may affect the health, safety, and welfare of neighboring residents (because of the condition of the land with regard to loose soil and windy conditions), the landowners of record shall be notified by the director in writing by first class mail of the conditions.

2. Deadline For Abatement: If these conditions are not corrected within thirty (30) days of the mailing of the notice, the director may order the conditions to be corrected as reasonably and economically as possible at the discretion of the director. However, when time is of the essence and emergency action is necessary to put into effect these protective provisions, the director may take immediate steps to abate the hazardous soil erosion condition. E. Temporary Stop Work Orders:

3. Issuance: The director may issue a temporary stop work order and the subject soil disturbing operation shall immediately be stopped, whether a permit has been issued or not, when:

a. A permit has been issued, but not all of the permit requirements have been complied with. The temporary stop work order may require that all work cease until all the permit requirements have been met.

b. Operations are in progress, with a permit or not, and weather conditions are causing substantial dust to be carried into the air. The temporary stop work order may require the cessation of all work until the current dust air pollution is abated.

c. Operations are in progress, regardless of weather conditions, and a soil disturbance permit has not been issued.

2. Appeal Not Allowed: A temporary stop work order shall not be subject to an appeal. (Ord. 254, 12-16-2014)