8.54.020 Permit application procedures | Atherton Municipal Code

8.54.020 Permit application procedures.

A. Scope. No person may grade, fill, excavate, store or dispose of soil and earthen materials or perform any other land-disturbing or land-filling activity without first obtaining a permit as set forth in this chapter. All land-disturbing or land-filling activities or soil storage shall be undertaken in a manner designed to minimize surface runoff, erosion and sedimentation.

1. General Exemptions. A person performing such activities need not apply for a permit pursuant to this chapter, if all the following criteria are met:

a. The land area disturbed or filled is one-fourth acre or less;

b. Natural and finished slopes are less than ten percent. However, finished slopes created primarily by the grading of small, localized landscaping mounds that are greater than ten percent shall also be deemed to be exempt;

c. Volume of soil or earth materials stored is fifty cubic yards or less;

d. Rainwater runoff is diverted, either during or after construction, by the activities from an area smaller than five thousand square feet;

e. An impervious surface, if any, of less than five thousand square feet is created;

f. No drainage way is blocked or has its stormwater carrying capacities or characteristics modified;

g. No land-disturbing or filling activities occur within one hundred feet of a watercourse.

2. Special Exemptions. Subsection (B)(1)(a) of this section notwithstanding, a person performing the following activities need not apply for a permit pursuant to this chapter:

a. Routine agricultural crop management practices;

b. Work to correct or remedy emergencies posing an immediate danger to life or property, or substantial flood or fire hazards.

C. Application. An applicant for a grading permit shall first file an application therefor in writing on a town application form with the administrator. Applications must include all of the following items:

1. Site map and grading plan;

2. Interim and, where required, final erosion and sediment control plan;

3. Work schedule;

4. Application fees;

5. Any supplementary material or performance security, if required by the administrator.

D. Work Schedule. The applicant must submit a master work schedule showing the following information:

1. Proposed grading schedule;

2. Proposed conditions of the site on each July 15th, August 15th, October 1st and October 15th during which the permit is in effect;

3. Proposed schedule for installation of all interim erosion and sediment control measures including, but not limited to, the stage of completion of erosion and sediment control devices and vegetative measures on each of the dates set forth in subsection (D)(2) of this section;

4. Schedule for construction, if any;

5. Schedule for installation of permanent erosion and sediment control devices where required.

E. Security. The applicant may be required to provide security for the performance of the work described and delineated on the approved grading plan in an amount set by the administrator. The amount will not exceed the estimated cost of the grading and the costs to mitigate any impacts attributable to the grading operation.

F. Fees. Permit and inspection fees are to be paid pursuant to a schedule of fees adopted, and amended from time to time by the city council.

G. Permit Duration. Permits issued under this chapter shall be valid for the period during which the proposed land-disturbing or filling activities and soil storage takes place or is scheduled to take place, whichever is shorter. Permittee shall commence permitted activities within sixty days of the scheduled commencement date for grading or the permittee shall resubmit all required application forms, maps, plans, schedules and security to the administrator.

H. Permit Denial. Any person aggrieved by a determination of the administrator may appeal that administrative decision to the city council pursuant to the provisions of Chapter 17.06 of this code. (Ord. 494 (part), 1996)