Los Altos Hills City Zoning Code

Administrative Review. The Planning Director or designee shall review and act on site development applications for the following activities without the necessity of notice and a hearing, provided that the Planning Director may deem it appropriate to conduct a noticed hearing pursuant to subsection (b) of this section for any of the items listed in this subsection (a):

Administrative Review With Notice and Hearing. The Planning Director shall, after notice and public hearing pursuant to Section 10-2.1305(b), review and act on site development applications for the following activities:

Planning Commission Review. The Planning Commission shall review and act on site development applications for the following activities:

Exceptions. A site development permit shall not be required for the following:

Natural Hazards. If, at any stage of the grading, the City Engineer determines by inspection that the nature of the formation is such that further work as authorized by an existing permit is likely to imperil any property, public way, water course, or drainage structure, the City Engineer may require, as a condition to allowing the work to continue, that such reasonable safety precautions be taken as he or she considers advisable to avoid the likelihood of such peril. Such safety precautions may include, but shall not be limited to, specifying a flatter exposed slope, the construction of additional drainage facilities, berms, terracing compaction or cribbing, the installation of plant materials for erosion control, and reports of a soils engineer and/or an engineering geologist whose recommendations may be made requirements for further work.

Storm Hazards. Where it appears that erosion damage may result from a storm because the grading is not complete, work may be stopped and the permittee may be required to install temporary plantings to control erosion, install temporary structures, or take such other measures as may be required to protect adjoining property or the public safety. On large operations or where unusual site conditions prevail, the City Engineer may specify the time to begin the grading and the time of completion of the grading, or he or she may require that the operation be conducted in specific stages so as to insure the completion of protective measures or devices prior to the advent of seasonal rains.

The design and location of any terraces in cut and fill slopes, including the distance between terraces, the gradient of any swales or ditches in the terraces, and the tributary area from which water is discharged into a swale or ditch.

The capacity of proposed subsurface drainage on cut and fill slopes to carry run-off from the site, based on the amount of impervious surfaces, the absorption characteristics of the soil, the proposed discharge point of subsurface drainage, and effects of vegetative cover in absorbing water.

The location(s) and type(s) of devices, such as downdrains, used to prevent erosion in the area of discharge.

The extent to which proposed drainage facilities prevent standing water or other localized conditions of soil saturation on a site.

The extent to which proposed drainage facilities decrease the velocity and concentration of water runoff to reduce the potential for soil erosion.

Each property shall have direct access to a pathway or indirect access via a vehicular right-of-way.

Undeveloped properties along designated pathways and bicycle routes may be required to dedicate an easement for the extension of the pathway as a condition of site development approval.

Pathways shall be sited and improved in a manner that creates minimal disturbance to the natural environment.

Equestrian and pedestrian paths should generally be separated from roadways.

Pathways shall be of sufficient width to provide a safe corridor for travel and pathway maintenance.

Except for designated regional trails and bikeways, paths shall be designed primarily for local use by Town residents.

Intersections of paths and vehicular rights-of-way shall be kept clear of vegetation which might obscure the view of users.

Pathways shall be designed and maintained to prevent erosion, to prevent injury from landslides or other soil movements, and to assure proper drainage of the path.

Slopes in excess of 15% adjacent to a pathway shall contain soil retentive landscaping, rockery, netting, or other devices approved by the City Engineer to reduce potential damage to the path or injury to users of the path from landslide, soil creep, or erosion.

Pathways shall be designed and maintained to minimize their impact on adjacent properties.

An easement should generally be located along the boundary of a property;

The easement shall be located so as to connect to existing or future pathway segments at the boundaries of a property; and

The easement shall not be located on terrain that cannot be safely or conveniently traversed by pedestrians or equestrians.

Alternative Locations. The location of buildings and structures shall be selected so as to minimize runoff from the site, the volume of off-site drainage created, the destruction or alteration of natural vegetation, and the impairment of scenic views from off the site.

Preservation of Ridgelines, and Hilltops. Ridgelines and hilltops shall be preserved by the siting of structures to take advantage of natural topographic or landscape features which would cause structures to blend with their natural surroundings. The Site Development Authority shall consider the following guidelines in approving the location of a structure:

Disturbance to the Site. The location of all structures should create as little disturbance as possible to the natural landscape. The amount of grading, excavation, or fill shall be the minimum necessary to accommodate proposed structures, unless grading is proposed to lower the profile of buildings. Additional grading may be allowed for the purpose of lowering the profile of the building provided that at the completion of the project the visual alteration of the natural terrain is minimized. The removal of vegetation and alteration of drainage patterns shall be the minimum necessary to accommodate the proposed structure.

Passive Solar Energy Conservation. Opportunities for passive solar energy shall be considered in the siting of buildings.

Creek Protection. Structures shall be set back a minimum of 25 feet from the top of bank of all creeks. Greater setbacks may be required along major creeks in the Town; however, lesser setbacks may be allowed where approved by the Planning Commission. Improvements required to all creeks shall be accomplished to appear natural and to maintain the natural meandering course of the existing creek. Creeks and banks shall be protected so as to remain in their natural state as much as possible. They should not be disturbed by the building or grading process. No grading shall be allowed in creeks or within the required setbacks from top of bank. Siting of structures shall be done with safety as a primary concern. Safety concerns and preservation of riparian habitat are required to be simultaneously addressed when designing development and required improvements to creeks.

Foundations. The types of foundation to be used for primary and accessory structures shall be selected to ensure that at the completion of the project the visual alteration of the natural terrain is minimized. Type II foundations—step-on-contour, daylight, pole foundations, or a combination thereof — shall be used on building sites with natural slopes in excess of 14%.

Color and Materials. For large or highly visible surfaces on buildings, special attention shall be given to the selection of exterior colors and construction materials that are not highly reflective.

Appurtenances. Dish antennae, freestanding solar panels, and similar appurtenances as defined in Section 10-2.301 may be approved by the Planning Director under the following conditions:

Erosion. Landscaping shall be required to control erosion, retard soil creep, and reduce the potential for landslides.

Noise. Landscaping and berms may be required to shield Town residents from unnatural noises, such as those from freeways, arterial streets, and nonresidential land uses.

Visual Effects. Landscaping shall be required to mitigate the visual effects of development from off the site.

Preferred Plants. Landscaping should utilize fire retardant species. Native or naturalized plants or other plant species that blend naturally with the landscape should generally be favored.

Maintenance. Landscaping shall be maintained in healthy condition by property owners and shall not intrude into easements, paths, or the lines-of-site required at intersections and along roads.

Tree Preservation. Every feasible attempt should be made to preserve existing trees except those trees identified in the Los Altos Hills Landscape Guidelines invasive plant list.

Eucalyptus Trees. All existing Blue Gum (E. globulus), Pink Ironbark (E. sideroxylon rosea), River Red Gum (E. camaldulensis), Swamp Gum (E. rudis), Honey Gum (E. melliodora), and Manna Gum (E. viminalis) eucalyptus trees shall be removed at the time of construction of a principal residence or at the time of the construction of any structure, combination of structures, addition or alteration to structures which individually or cumulatively equal or exceed twelve hundred (1,200) square feet of floor area. Exceptions shall be made for eucalyptus trees greater than 150 feet from any roadways or structures.

Amount Required. The Town shall require only the minimum amount of landscaping necessary to implement the above policies. The amount of landscaping required by the Town shall be determined by the size of structure, the types of materials, and the colors proposed for structures. Structures that blend with the natural landscape will normally require less landscaping for screening purposes than will structures composed of non-natural materials and bright colors.

Where slopes are too steep to support continuous ground cover, niches and ledges may be required for planting. Landscaping may be required for cuts and fills along public roads.

Water Efficient Landscaping. Landscape design, installation, maintenance and management shall be water efficient to promote the conservation and efficient use of water and to prevent the waste of this valuable resource.

The shape, outline, color, and form of all structures shall be rendered unobtrusive when viewed from any location off-site at the time landscaping has matured.

The type of landscaping used shall be sensitive to the natural topography. For example, on steep slopes, plants that will maximize erosion control should be selected.

The type of landscaping shall be appropriate for the composition of the soil in which the plantings are to be located. Required landscaping should thrive with as little maintenance as possible.

Application. The provisions of the Water Efficient Landscape Ordinance (WELO) shall apply to the following:

Definitions. The following definitions are established for the purpose of this article. A complete list of WELO definitions is included in the Town's Landscape Guidelines. The meaning and construction of words and phrases is as follows:

Parcel Water Budget. All properties shall calculate a parcel water budget (PWB) upon submittal of a Site Development Permit. The PWB is calculated using the following equation:

PWB = [(1.0-slope)(0.65) (43.0)(0.62)[0.55 x (An-MDA) + (0.45 x SLA)]/748] + § 1. 120

Where:

PWB = Parcel water budget (units per year)

Slope = Average slope of the parcel or lot as a percentage of 1.0 to the nearest hundredth

0.65 = Water Conservation Factor

43.0 = Reference evapotranspiration (ETo) in Los Altos Hills, in inches/year

0.62 = Conversion factor (to gallons)

0.55 = ET adjustment factor (ETAF) An = Net lot area (square feet)

MDA = Maximum development area. The maximum development area (in square feet) allowed for the property.

0.45 = Additional water allowance for SLA SLA = Special landscape area (square feet)

748 = Number of gallons in a unit (100 cubic feet) of water

120 = Number of units for indoor water use per property per year, or as may be modified by the Planning Director upon a demonstration of difficulty or unnecessary hardship pursuant to subsection (w). Note: Not applicable if a landscape/outdoor use meter is installed.

Example PWB calculation: one-acre (43,560 sq. ft.) lot with 14% slope and 12,339 sq. ft. of MDA and no special landscape area:

PWB = [(1.0-.14) (0.65)(43.0)(0.62)[0.55 x (43,560 - 12,339) + (0.45 x 0)] / 748] + 120 = 462 units/year

The following sections shall apply to all new landscape areas equal to or greater than 500 square feet or for rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet.

Water conservation factor adjustments. New landscaping projects shall be subject to the Parcel Water Budget as calculated using the Water Conservation Factor value of 0.65 until December 31st, 2027.

Water efficient landscape worksheet. A project applicant shall complete a Water Efficient Landscape Worksheet (Appendix C of the Town's Landscape Design Guidelines) for all new landscape areas of 500 square feet or greater or for rehabilitated landscape projects that are 2,500 square feet or larger. The worksheet shall conform to the requirements in the Town's Landscape Guidelines.

Soil management report. A soil management report shall be completed by the project applicant, or designee, and shall conform to the requirements in the Town's adopted Landscape Guidelines.

Landscape design, soil preparation and mulching criteria. The proposed landscaping shall be carefully designed and planned for the intended function of the project. All landscape designs, soil preparation techniques and mulching practices shall conform to the requirements in the Town's adopted Landscape Guidelines.

Landscape plan requirements. The landscape plans shall be prepared by, and bear the signature of, a licensed landscape architect, licensed landscape contractor, or any other person authorized by the State of California to design a landscape and irrigation plan. Native species and natural vegetation shall be preserved where feasible and native, water conserving species are recommended. Landscape plans shall conform to the requirements in the Town's adopted Landscape Guidelines.

Irrigation design criteria. An irrigation system shall meet the requirements listed in this section and the manufacturer's recommendations. Irrigation designs shall conform to the requirements in the Town's adopted Landscape Guidelines.

Irrigation plan requirements. Irrigation plans shall be included with the landscape plan submittal and shall be prepared by, and bear the signature of, a licensed landscape architect, licensed landscape contractor, or any other person authorized by the State of California to design an irrigation plan. Irrigation plans shall conform to the requirements in the Town's adopted Landscape Guidelines.

Grading design plan. A Grading Plan, meeting current Town standards and exceeding the state requirements, shall be submitted with each landscape project.

Certificate of completion. The certification documentation shall be prepared by the project landscape architect, irrigation designer, or landscape contractor and include the following statement: "The landscape and irrigation system has been installed as specified in the landscape design plan and complies with the criteria of the Water Efficient Landscape Ordinance and the permit." Receipt of the certification documentation will begin the 24-month period described in subsection (x) of this section.

The Certificate of Completion shall include the following six elements:

Irrigation scheduling. All irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall conform to the requirements in the Town's adopted Landscape Guidelines.

Landscape and irrigation maintenance schedule. A regular maintenance schedule shall be submitted with the Certificate of Completion and shall conform to the requirements in the Town's adopted Landscape Guidelines.

Irrigation audit, irrigation survey, and irrigation water use analysis. All landscape irrigation audits shall be conducted by a local agency landscape irrigation auditor or a third party certified landscape irrigation auditor. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape.

For new construction and rehabilitated landscape projects installed after December 1, 2015, the local agency shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the Parcel Water Budget.

Recycled water. The installation of recycled water irrigation systems shall allow for the current and future use of recycled water. All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and State laws. Landscapes using recycled water are considered special landscape areas.

The ET adjustment factor for new and existing (non-rehabilitated) special landscape areas shall not exceed 1.0.

Graywater systems. Graywater systems promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable local ordinance standards. Refer to subsection (a) for the applicability of this section to landscape areas less than 2,500 square feet with the estimated total water use met entirely by graywater.

Stormwater management, well water and rainwater retention. Implement stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase on-site rainwater retention and infiltration. Encourage the use of stormwater for landscape irrigation. Well water and retained water does not count toward the PWB.

Public education.

Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis. This subsection shall apply to all existing landscapes using water from a local purveyor that were installed before December 1, 2015 and are over one acre in size.

Water waste prevention. Runoff is prohibited from leaving the target landscape area due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots, or structures.

Restrictions regarding overspray and runoff may be modified if:

Reporting. The Planning Department shall report to the Department of Water Resources by December 31, 2015, and then report annually by January 31st of each subsequent year.

The report shall address the following:

Exceptions. The Planning Director shall have the discretion to grant exceptions to the 120 unit allocation for yearly indoor water use in cases where, due to exceptional conditions involved, a literal enforcement of the provisions of this section would result in practical difficulties or unnecessary hardships; provided, however, no such exceptions shall be granted unless the Planning Director shall find that the granting of such exception will not be contrary to the intent of the provisions of this section.

Deposit required—forfeiture of deposit. Anyone who is subject to the requirements of this article shall submit a deposit or other security deemed satisfactory by the Planning Director. Two years after the certificate of completion is filed with the Town for any landscaping project subject to the provisions herein, the property owner shall furnish to the Town the second year (months 13 through 24 following receipt of the certificate of completion) of water use and billing data from the subject property's water purveyor. If the site water usage exceeds the calculated PWB, the deposit shall be held for an additional 12 months. At the end of the additional 12-month period, the property owner shall provide the Town with the previous 12 months (month 25 through 36) of water use and billing data from the subject property's water purveyor. If the water usage still exceeds the estimated PWB, the deposit shall be forfeited to the Town, in full. All Town staff time and materials expended to ensure compliance with this section will be deducted from the deposit. Any remaining amounts from a forfeited deposit shall be utilized to further the purposes of this section.

Grading. Grading for tennis courts and other recreation courts shall not exceed six feet of fill or 12 feet of cut and fill. A site development application for a tennis or other recreation court which proposes grading in excess of the limits in this article may be approved by the Planning Commission upon finding that the excess cut or fill,

Screening. Recreation courts shall be landscaped and screened so as to be unobtrusive from off-site. The structure will not be permitted unless this screening can be accomplished without interfering with the function of the structure.

Color. All surfaces and retaining walls shall be colored in natural tones and screened as appropriate so that the court is not conspicuous when viewed from off-site.

Lights are placed beneath the surface of the water in the pool or spa to illuminate the water.

Other exterior lights used to illuminate the surrounding area use the minimum number and wattage of lighting which will safely illuminate the area.

No direct light is cast beyond the immediate area of the pool or spa.

Driveways shall enter the fronting road or street in such a manner as to provide safe sight distance and ease of ingress and egress, and shall be brought to the road or street at an angle as near a right angle as safety and physical features permit.

Natural slope and topography shall be retained whenever safely possible.

Where the driveway is in an embankment, culverts and embankment protectors shall be used to convey the runoff or other drainage to proper disposal channels.

Intersections of driveways and pathways shall be surfaced in a manner approved by the City Engineer to minimize the danger of slipping by pedestrians or horses.

An encroachment permit shall be required for work to be done in the public right-of-way.

The horizontal alignment of the driveway shall be adequate for safe and convenient travel.

Driveways shall meet all standards for width, vertical clearance, grade, surface, weight, turning radius, turnouts, turnabouts and all other requirements as established by the Santa Clara County Fire Department except that driveway width shall be a minimum of 12 feet and a maximum of 14 feet (excluding parking and back-up areas). Where the placement of a driveway would require the removal of a tree, that tree may be allowed to encroach on the driveway width provided there is at least 10 feet of clearance and that the Fire Department does not object.

Driveways shall not be located within 10 feet of any property line except as necessary for site access and common driveways and as approved by the Site Development Authority.

A plot plan drawn by a civil engineer or licensed land surveyor in the number of copies required by the Planning Director showing:

The following information as required by the Planning Director:

Such other information as shall be required by the Site Development Authority.

For lots created prior to 1973 that are presently vacant, or where an increase in floor area of 25% or more is proposed for any existing structures, the following information shall also be required. The Site Development Authority may waive any of these requirements if evidence is provided indicating they are unnecessary. In addition, the following items may be required for applications where an increase of less than 25% floor area is proposed, if such items are deemed necessary.

On the map:

The Community Development Director shall consider all site development applications for projects meeting the criteria outlined in Section 10-2.301(a). The Community Development Director may issue a permit with such reasonable conditions as he or she may deem necessary to achieve the purposes of this chapter, may refer the application for hearing before the Community Development Director or the Planning Commission, or may disapprove the application for site development.

The Community Development Director shall consider all site development applications for projects meeting the definitions in Section 10-2.301(b) pursuant to a noticed hearing. The Community Development Director may issue a permit with such reasonable conditions as the Community Development Director deems necessary to achieve the purposes of this chapter, may refer the application to the Planning Commission, or may disapprove the application for site development.

Notice of the time and place of the hearing shall be posted in at least three public posting places and posted on the property adjacent to a public street or adjacent to any access road or way to the property not having public frontage. Notices of such hearings shall also be served by United States mail to the owner of the subject property, or the owner's authorized representative, to the project applicant and to each property owner whose property is within 300 feet of the exterior boundary of the property, using addresses from the latest equalized assessment roll. In lieu of using the assessment roll, the Town may require these addresses to be obtained from records of the County Assessor or Tax Collector which contain more recent information than the assessment roll. All required names and addresses shall be provided by the applicant or his or her representative at the time the site development permit application is filed. Such posting and mailing shall be completed at least 10 days prior to the date of the hearing. The notice shall state the purpose of the application, the time and place of the hearing, and a statement that all written and oral statements will be considered by the Community Development Director.

In addition to evidence presented at the hearing, the Community Development Director shall consider the recommendations of staff members and of the Pathways Committee, the Open Space Committee, the History Committee, and the Environmental Design and Protection Committee, as applicable and provided pursuant to Section 10-2.1304 in making a determination regarding the proposed project.

The Planning Commission shall review all site development applications for projects meeting the definitions in Section 10-2.301(c). The Commission may issue a permit with such reasonable conditions as it deems necessary to achieve the purposes of this chapter or the Planning Commission may disapprove the application for site development.

No permit for site development shall be granted by the Commission without a hearing having first been held thereon. Notice of the time and place of the hearing shall be posted in at least three public posting places and posted on the property adjacent to a public street or from any access road or way to property not having public frontage. Notices of such hearings shall also be served by United States mail to the owner of the subject property, or the owner's authorized representative, to the project applicant and to each property owner whose property is within 500 feet of the exterior boundary of the property, using addresses from the latest equalized assessment roll. In lieu of using the assessment roll, the Town may require these addresses to be obtained from records of the County Assessor or Tax Collector which contain more recent information than the assessment roll. All required names and addresses shall be provided by the applicant or his or her representative at the time the site development permit application is filed. Such posting and mailing shall be completed at least 10 days prior to the date of the hearing.

The notice shall state the purpose of the application, the time and place of the hearing thereon, and a statement that all written and oral statements will be considered by the Planning Commission.

Approval. The Site Development Authority shall not approve a permit for any project which does not conform with the provisions of this chapter.

The Site Development Authority shall limit its review of site development applications to elements of the proposed development which are specifically addressed by provisions in the Town's General Plan, Site Development and Zoning Codes, and Town policies adopted by the Council. Specific design and architectural features, including, but not limited to, architectural style, chimneys, window treatment and skylights, shall not be considered or altered by the Site Development Authority.

Upon any required reduction in height, floor area, or development area below the maximum allowed by the Town's Zoning Code, or upon any required increase in setbacks in excess of the minimum required by the Town's Zoning Code, the Site Development Authority must make both of the following findings:

The Planning Director may fast-track any site development application for a project specified for Planning Commission review under Section 10-2.1305(c), subject to the Planning Director's determination that:

The fast-track review process shall consist of the following:

The Planning Director shall submit an application for a project to the Planning Commission if the Director determines that:

The Planning Director's determination to fast-track or submit a project to the Planning Commission is final.

The City Council and no individual Councilmember(s) shall attempt to influence the Planning Director's determination of whether to fast-track or submit a project to the Planning Commission.

Councilmember(s) shall not appeal a fast-track project on the basis that the applicant objects to one or more condition(s) of approval.

Reports, Hearings, Notices. The Planning Director shall prepare a report on the application with a recommendation to the Planning Commission. The Planning Commission shall hold a hearing on the application for the proposed site development permit, and before holding such hearing, shall send notices to the same persons and in the manner prescribed in Section 10-2.1305(b) and (c).

Approval or Disapproval. Upon completion of the hearing and after the consideration of the recommendations of the Planning Director, the Planning Commission shall approve the application with such reasonable conditions as it may deem necessary to achieve the objectives of this chapter or disapprove the application for the site development.

Automatic Approval. Failure of the Planning Commission to make a determination upon the approval, conditional approval, or disapproval of the application for a site development permit within 60 days after the motion for referral shall constitute an approval of the application, unless such time is extended with the consent of the applicant.

Stop Work Order. The Planning Director or designee is authorized to issue a stop work order upon detection of any violation of this chapter. The stop work order shall be on a form approved by the Planning Director and shall be posted in a conspicuous place on the project site. All work specified in the order shall cease immediately upon posting of the stop work order, except that the Planning Director or designee may authorize additional work necessary to prevent any imminent health or safety threat from the incomplete project.

Revocation Authority. The Planning Commission shall revoke or suspend the site development or zoning permit if the person holding the permit: violates the terms of the permit, or conducts or carries on site development in such a manner as to materially affect the health, safety or welfare of persons residing or working in the neighborhood of the property of the permittee; or conducts or carries on site development so that it is materially detrimental to the public welfare or injurious to property or improvements in the neighborhood.

Hearings—Notices. No site development or zoning permit shall be permanently revoked or suspended until a hearing is held by the Planning Commission. A written notice of such hearing shall be served upon the permittee, either personally or by registered mail, and shall state:

Hearings—Determinations. At any such hearing, the permittee shall be given an opportunity to be heard, and may call witnesses and present evidence on his or her behalf. Upon the conclusion of the hearing, the Planning Commission shall determine whether the permit shall be suspended or revoked. In the event the determination is to suspend or revoke the permit, the permittee may appeal the decision to the Council as set forth in Section 10-1.1009.

Authorized. The Planning Director or designee shall make the inspections as necessary to ensure compliance with the provisions of this chapter. Where it is found by inspection that conditions are not substantially as stated or shown in the application for the site development permit, or when pathways and other easements are in jeopardy, the Planning Director, City Engineer, or designee may stop further work until approval is obtained for a revised permit conforming to the existing conditions.

Maintenance of Plans and Permits. The plans which were approved for site development and zoning, bearing the stamp of approval of the Site Development Authority shall be maintained at the site during the progress of the work.

There shall be paid for each site development and zoning permit a nonrefundable filing fee and deposit, the amount of which shall be fixed by Council resolution.

The Planning Director or Planning Commission may require fees, including in lieu payment, for the storm drainage assessment fund, road improvements, and pathway improvements for every lot created prior to January 1, 1973. Such amount will be as established by resolution of the City Council.

Sales of Topsoil: Quarrying. The provisions of this chapter shall not be construed as permitting the removal of topsoil solely for resale or permitting quarrying of any nature within the Town.

Maintenance of Nuisances. The provisions of this chapter shall not be construed as authorizing any person to maintain a private or public nuisance upon his or her property, and compliance with the provisions of this chapter shall not be a defense in any action to abate such nuisance.

Penalties. Any person violating any of the provisions of this chapter or of any permit issued pursuant to the provisions of this chapter shall be deemed guilty of misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $500 or imprisonment for a period not exceeding six months, or both.

Fees. In each case in which work for which a permit is required by the provisions of this chapter is started without obtaining such permit, the fee for such permit thereafter granted shall be 10 times the normal fee for such permit.

All development projects shall include permanent stormwater pollution measures in order to reduce water quality impacts of stormwater runoff from the entire site for the life of the project.

All plans and construction are subject to the inspection and approval by the City Engineer.

No final building or occupancy permit shall be issued without the written certification of the City Engineer that the requirements of this article have been satisfied. Such certification shall be in the form prescribed by the City Engineer and shall not be issued without payment of all applicable fees, which may be imposed for administration of this article.