8.54.010 Title, purpose and general provisions.
A. Chapter. This chapter shall be known as the town of Atherton Grading, Erosion and Sediment Control Ordinance, and may be so cited.
B. Purpose. The purpose of this section is to provide minimum standards to safeguard life and limb, to protect property and property values, preserve natural beauty, promote public welfare, protect and enhance water quality of watercourses, water bodies and wetlands, and control erosion, sedimentation, and increases in surface runoff and related environmental damage caused by construction-related activities, by regulating and controlling the design, construction, quality of materials, use, location and maintenance of grading, excavating and fill, land disturbances, land fill and soil storage in connection with the clearing and grading of land for construction within the town of Atherton.
C. Definitions. When used in this chapter, the following words shall have the meanings ascribed to them in this subsection:
1. “Administrator” means the public works director/city engineer and duly authorized agents and employees of the town departments of public works or building and zoning.
2. “Applicant” means any person, corporation, partnership, association of any type, public agency or any other legal entity who submits an application to the administrator for a permit pursuant to this chapter.
3. “Best management practice (BMP)” means a technique or series of techniques which, when utilized in a designated manner, is proven to be effective in controlling construction-related runoff, erosion and sedimentation (see subsection (C)(10) of this section).
4. “Chapter” means Ordinance 494 in its entirety.
5. “Erosion” means the action or process of wearing away of earth or soil by the action of water.
6. “Final erosion and sediment control plan” means a set of measures designed to control surface runoff and erosion and to retain sediment on a particular site after all other planned final structures and permanent improvements have been erected or installed. The plan shall include a description of and specifications for sediment retention devices, surface runoff and erosion control devices, vegetative soil stabilization measures, and a graphic representation of the location of all devices and/or measures.
7. “Interim erosion and sediment control plan” means a set of measures designed to control surface runoff and erosion and to retain sediment on a particular site during the period in which preconstruction and construction-related land disturbances, fills and soil storage occur. The plan shall include a delineation and brief description of the measures to be undertaken to retain sediment on the site, the surface runoff and erosion control measures to be implemented, the vegetative soil stabilization measures to be taken (including but not limited to seeding methods), and a graphic representation of the location of all devices and/or measures.
8. “Land disturbance” and “land disturbing activities” mean any human activity moving or removing the soil mantle or top six inches of soil, whichever is shallower.
9. “Land fill” means any human activity depositing soil or other earth materials.
10. “Manual of standards (Manual)” means a compilation of technical application standards and design specifications adopted by the administrator as being proven methods of controlling construction-related surface runoff, erosion and sedimentation (see subsection (C)(3) of this section).
11. “Permittee” means the applicant in whose name a valid permit is duly issued pursuant to this chapter and his/her/its agents, employees and others acting under his/her/its direction.
12. “Sediment” means material deposited by water.
13. “Site” means a parcel or parcels of real property which is being or is capable of being developed as a single project.
14. “Wet season” means the period from October 15th to April 15th.
15. “Watercourse” means a natural stream, creek or manmade uncovered channel through which water flows continuously or intermittently. (Ord. 494 (part), 1996)