This chapter shall be known and may be cited as the "Site Development Law of the Town of Woodside" and will be referred to in this chapter as "this chapter."

(1975 Code, § 7-4.01) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)

(A)

This chapter is adopted pursuant to Section II of Article XI of the Constitution of the State and the general laws of the state.

(1975 Code, § 7-4.02)

(B)

The provisions of this chapter shall apply to all site development within the Town as set forth in Section 151.20.

(1975 Code, § 7-4.03) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)

This chapter is adopted to promote the public safety and general public welfare, to implement the general plan and zoning and subdivision provisions, and specifically to:

(A)

Standards and procedures. Protect public and private lands from erosion, earth movement, flooding, and degradation of water quality and ensure the maximum preservation of the natural and scenic character of the Town by establishing minimum standards and requirements relating to land grading, excavations and fills, erosion control and sedimentation control, quality of materials, and installations of basements, driveways, swimming pools, sportcourts, and creek crossings and by establishing procedures by which such standards and requirements may be enforced; and

(B)

Harmonize development. Ensure that the site development work on each site harmoniously relates to adjacent lands and minimizes physical problems which could result in safety hazards or increased maintenance costs.

(1975 Code, § 7-4.04) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)

(A)

Regulatory rule. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, except where they are expressly stated to be maximum requirements. It is not intended to impair or interfere with any private restriction placed upon property by covenant or deed; provided, however, where this chapter imposes higher standards or a greater restriction upon the development of land than is imposed or required by such private restrictions, the provisions of this chapter shall control.

(B)

Regulatory control. Whenever any provision of this chapter and any other provision of law, whether set forth in this chapter or in any other law, ordinance, or resolution of any kind, imposes overlapping or contradictory regulations over the development of land, or contains restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards or requirements shall govern.

(1975 Code, § 7-4.05) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AVERAGE GROUND SLOPE. The average ground slope of the entire lot as expressed by the formula:

S = 0.00229IL
  A

where

S = Average ground slope in percent

I = Contour interval in feet

L = Combined length of the contour lines in feet; and

A = The gross area in acres of the parcel or lot.

Measurements along contours shall be made at contour intervals not to exceed ten feet, and a horizontal map scale of one inch equals 200 feet or larger.

BACKFILL. The replacement of removed earth materials from excavations with excavated or approved new material, such as sand, gravel, rock, or earth.

BASEMENT. An improved or unimproved space which is fully or partially below the existing grade or finished grade, whichever is lower, so that the vertical distance from the adjoining ground to the top of the interior structural ceiling is no more than two feet above grade. This shall include below grade patios, vehicular tunnels including the driveway approach, and egress/light wells, but does not include crawl space.

BASEMENT, DAYLIGHTED. An improved or unimproved space which is partially below the existing grade or finished grade, whichever is lower, so that the vertical distance from the adjoining ground to the top of the interior structural ceiling is more than two feet above grade. Daylighted basements do not include crawl space. Daylighted basements count towards total floor area pursuant to Section 153.206.

BEDROCK. The undisturbed rock exposed or beneath the soil.

BENCH. A relatively level step excavated into earth materials.

BUILDING PERMIT. A permit issued by the Town for the construction, erection, or alteration of a structure or building.

CERTIFICATION. A statement that required inspections and tests have been performed and that such tests comply with the applicable requirements of this chapter.

CLEARING. The removal of vegetation but shall not include normal vegetation pruning.

COMPACTION. The consolidation of fill material by mechanical means.

CONTOUR GRADING.Grading which minimizes abrupt changes in the contour of graded areas in order to obtain a natural appearance.

CRAWL SPACE. Areas under an above grade structure or adjacent to a basement with an interior finished ceiling height of no more than four feet.

CUT.Excavation and removal of soil (or other substrate material) from a site.

DRIVEWAY. A way or route for use by vehicular traffic leading from a parking area or from a house, garage, or other structure to the road.

EROSION. The wearing away of the ground surface as a result of the movement of wind or water.

EXCAVATION. Any act by which earth, sand, gravel, rock, or any other similar material is cut into, dug, quarried, removed, displaced, relocated, or bulldozed or the conditions resulting there from.

FILL. A deposit of earth, sand, gravel, or rock materials.

FOUNDATION PIERS. Vertical foundation members drilled or driven into soil or bedrock.

GRADE. The elevation of the ground surface.

GRADE, EXISTING. The elevation of the ground surface prior to excavation or filling.

GRADE, FINISHED. The elevation of the ground surface after the completion of all grading.

GRADING. An excavation or fill, or the stockpiling or any combination thereof, or the conditions resulting from any excavation or fill. All grading quantities shall be measured in their compacted state.

GRADING, BASEMENT AND DAYLIGHTED BASEMENT.Basement size is determined by the maximum allowable basement grading. Grading quantities for basements and daylighted basements are calculated to the exterior of the basement structural walls. Basement and daylighted basement grading does not include the area required for any over-excavation required to construct the basement or daylighted basement. Basement and daylighted basementgrading is calculated using the formula in Section 151.22(C)(1). Basement and daylighted basementgrading is not included in site grading.

GRADING, SITE. The process of adjusting the slope and elevation, excluding any grading listed in §§ 151.20(A)(11) and 151.20(B).

IMPERVIOUS AREA. Material that is not permeable by water or other fluids. Material that functions as a barrier to water infiltration into the soil (e.g., most concrete, asphalt, tile, and plastic lining).

IMPORTED MATERIAL. Earth material acquired from an off-site location for use in on-site grading.

KEYWAY. A Benched area cut into subsurface materials intended to support fill.

NATURAL STATE. Designated portion(s) of a lot that shall remain, with no grading, terrain alteration, keeping of livestock (see Section 115.12, Private Stable Regulations, for further details on keeping of horses), or tilling of natural vegetation (except as may be required for public safety, fire safety, or the development of Town designated trails), pursuant to WMC Section 153.415(B). Previously disturbed areas may be reclaimed through grading and/or native planting, pursuant to WMC Section 153.416.

NATURAL STATE RESTORATION AREAS. Previously disturbed portion(s) of a lot, where grading and restoration are allowed as part of the site development permit, to restore a lot or portion thereof, to its natural, pre-development era condition, or to restore a lot following land movement or other disturbance and/or climate related phenomena. Natural state restoration areas may be reclaimed as natural state, pursuant to WMC Section 153.416.

OWNER. The individual, firm, partnership, association, trustee, or corporation who or which:

(1)

Is the fee owner of record of the property for which a site development permit is to be considered or issued; or

(2)

In the case of fractionally owned fee interests, is the person or agent authorized by all the fee owners to commence and maintain proceedings to obtain a site development permit.

PERMITTEE. The owner or any person authorized by the owner to apply for a site development permit.

PERSON. A natural person or his/her heirs, executors, administrators, or assigns; or a firm, partnership, or a public or private corporation or its successors or assigns; or the agent of any of such.

PLANNING COMMISSION. The Planning Commission of the Town of Woodside.

PLANNING DIRECTOR. The Director of the Planning Department of the Town of Woodside, California, or the designee of the Director.

ROAD. Any public or private thoroughfare which affords the principal means of access to abutting properties.

SITE. An area capable of supporting a permitted principal use and meeting the required conditions prescribed in the zoning district in which the lot is situated.

SITE DEVELOPMENT. Any alteration of terrain or removal of vegetation for the purpose of preparing land for any land use.

SITE DEVELOPMENT PERMIT. A permit required for all activities listed in Section 151.20.

STOCKPILING. A temporary storage of earth, rock, sand, gravel, or other similar materials.

STRUCTURE, ABOVE GRADE. A structure fully enclosed by walls and a roof that has a plate height of at least six feet.

TOWN ENGINEER. The Engineer of the Town of Woodside.

TOWN GEOLOGIST. The Geologist of the Town of Woodside.

TRENCHING. Subsurface excavations to create ditches or trenches for drainage or utility purposes. Trenching shall not be included as site grading for the purposes of this chapter.

TUNNEL. A below grade, enclosed structure that connects to either an outdoor space(s) or a building(s), or any combination thereof.

TUNNEL, VEHICULAR. A below grade, enclosed structure that provides access to above or below grade vehicular parking.

VAULT. A subsurface area, to a maximum excavated depth of four feet, with a functional/removable lid that is not located wholly or partially under a structure and contains utility mechanical, electrical, communication, plumbing, or similar equipment.

(1975 Code, § 7-4.06) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16; Am. Ord. 2018-596, § 2(Exh. A, I), effective 10-26-18; Am. Ord. 2020-612, § 2(Exh. A), effective 10-22-20)

Failure of the Town officials to observe or recognize hazardous or scarring conditions which may adversely affect the economic value of other property in the vicinity, or to recommend the denial of a site development permit, or the failure of the Planning Commission to deny such permit shall not relieve the permittee of responsibility for the conditions or damages resulting therefrom and shall not result in the Town, or its officers or agents, being responsible for the conditions or damages resulting therefrom.

(1975 Code, § 7-4.17) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)

Plans, permits, and geology/geotechnical reports shall be permanently retained by the Town in accordance with the Town's retention schedule, unless the Town Clerk deems otherwise.

(1975 Code, § 7-4.30) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)

The purpose of the site development permit is to promote the public safety and general public welfare, to implement the General Plan and zoning ordinance, subdivision provisions, and specifically to protect public and private lands from erosion, earth movement, flooding, and degradation of water quality and ensure the maximum preservation of the natural and scenic character of the Town. This protection is ensured by establishing minimum standards and requirements related to the natural and scenic character of the Town by establishing minimum standards and requirements related to land grading, excavations and fills, erosion control and sedimentation control, quality of materials, and installations of basements, driveways, swimming pools, tennis courts and creek crossings, and by establishing procedures by which such standards and requirements may be enforced.

(Ord. 2016-575, effective 6-9-16)

No person shall commence or perform any grading or site development work in excess of the limits set forth in division (A) of this section without first obtaining a site development permit. A separate site development permit shall be required for each site on which site development work is proposed.

(A)

A site development permit shall be required in all cases where development comes under any one or more of the following provisions, unless such work is exempted therefrom by division (B) of this section:

(1)

Excavations, Fills, and Stockpiling.Excavations, fills, stockpiling, or any combination thereof exceeding 100 cubic yards (includes both cut and fill quantities);

(2)

Fills.fills exceeding three feet in vertical depth at their deepest point, measured from the natural ground surface;

(3)

Excavations.Excavations exceeding four feet in vertical depth at their deepest point;

(4)

Area of work.Excavations, fills, stockpiling, vegetation removal, or any combination thereof exceeding an area of 10,000 square feet or 25 percent of the area of the site, whichever is less;

(5)

Driveway construction. New driveway construction, not including driveway repair/resurfacing or maintenance;

(6)

Swimming pool construction. New swimming pool or pools construction which cumulatively exceeds 1,500 cubic yards;

(7)

Septic tanks, septic leachfields, and underground tanks. New septic tanks, septic leachfields, and/or underground tank installations which cumulatively exceed 1,500 cubic yards;

(8)

Water quality impacts. Where erosion, sedimentation, or surface runoff will affect water quality as determined by the Town or the Regional Water Quality Control Board;

(9)

Drainage impacts. Where, as determined by the Town Engineer, existing drainage patterns will be altered;

(10)

Geologic studies and percolation testing.Trenching or test pit excavations for geologic studies or percolation testing; and

(11)

Basements.Excavations for basements exceeding 25 percent of the maximum allowable basementgrading pursuant to Section 151.22(C).

(B)

A site development permit shall not be required in the following cases (the exceptions set forth in this section shall not apply in areas of soil instability, flooding, stream corridors, or earthquake fault zones as determined by the Town Engineer):

(1)

For excavations below the finished grade for building foundations and footings, foundation piers, or utility trenches and vaults;

(2)

For backfill of natural on-site material;

(3)

For trenching in recorded public utility easements and public rights-of-way performed by public utility companies for the purpose of installing or maintaining underground utilities;

(4)

For tilling of soil for agricultural or fire protection purposes;

(5)

For the repair or resurfacing of a driveway where the gradient or drainage is not materially changed;

(6)

For municipal corporations performing a governmental function;

(7)

For emergency work as authorized by the Town;

(8)

For swimming pool or pools which cumulatively total up to 1,500 cubic yards;

(9)

For septic tanks, septic leach fields and underground tanks which cumulatively total up to 1,500 cubic yards; or

(10)

For basementgrading below an above grade structure and up to 25 percent of the maximum allowable basementgrading pursuant to Section 151.22(C).

(1975 Code, § 7-4.07) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16; Am. Ord. 2017-584, effective 4-13-17)

Cross reference— Penalty, see § 10.99.

Each application for a site development permit shall be made by the property owner or an authorized agent to the Town on forms furnished for such purpose. When work covered by this chapter is proposed as part of a project which requires a building permit, the site development permit and the building permit applications may be combined, and one site plan, may be submitted. All applications shall be accompanied by the required fees and deposits and shall contain the submittal requirements on file with the Town and online, and such further applicable information as the Town Engineer or Planning Director may require in order to carry out the purposes of this chapter.

(1975 Code, § 7-4.09) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)

A site development permit shall be issued only if such permit is accompanied by or combined with a valid building permit application or use Permit for the site issued by the Town; or the proposed grading is coordinated with any overall development plan which has been previously approved by the Town for the area in which the site is situated; or a principal use exists on the site; or for necessary geotechnical, percolation, or hydrological testing. Grading described in divisions (A), (B) and (C) below requires a site development permit. For such grading, the Town Engineer and Planning Director shall review the application for the proposed site development permit. If, after receiving recommendations from the Planning Director, the Town Engineer finds the application for the proposed grading plan is in conformance with the provisions of this chapter, he/she may issue a permit with such reasonable conditions as he/she may deem necessary to meet the objectives of this chapter.

(A)

Site grading work less than 1,500 cubic yards. Where the aggregate volume of grading on any site is between 100 and 1,500 cubic yards pursuant to §§ 151.20(A)(1) through 151.20(A)(10), such grading is not considered substantial in terms of the policies contained in the general plan. For such quantity of grading, the Town Engineer and Planning Director shall review the application for the proposed site development permit. If, after receiving recommendations from the Planning Director, the Town Engineer finds the application for the proposed grading plan is in conformance with the provisions of this chapter, he/she may issue a permit with such reasonable conditions as he/she may deem necessary to secure substantially the objectives of this chapter, or alternatively, he/she may refer the application to the Planning Commission in the manner provided for in division (B) of this section.

(B)

Grading work in excess of 1,500 cubic yards, and cuts and fills exceeding eight feet, require a grading exception.Grading in excess of Section 151.22(A)(1), site grading, is considered substantial in terms of policies contained in the General Plan, and shall require a grading exception. Where the aggregate volume of grading on any site pursuant to §§ 151.20(A)(1) through 151.20(A)(10) is in excess of 1,500 cubic yards, or the proposed cuts and fills exceed eight feet in height at any point, the following procedure shall be followed:

(1)

Referral to Town staff. The application shall be referred for review to the Town Engineer and the Planning Director and the Town Geologist if deemed necessary by the Town Engineer or Planning Director.

(2)

Review by Planning Commission. Following such review, the Town Engineer and Planning Director shall prepare and forward reports with recommendations to the Planning Commission and make the exception findings in Section 151.22(B)(6).

(3)

Planning Commission hearing. 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 all property owners within 300 feet of the subject site. The Planning Commission shall make all of the findings listed in Section 151.22(B)(6).

(4)

Project conditions. Upon the completion of the prescribed hearing and after the consideration of the recommendations of the Town Engineer and Planning Director, the Planning Commission shall approve, approve with such conditions as it may deem necessary to substantially secure the objectives of this chapter, if found to be consistent with the General Plan, or disapprove the application for the site development.

(5)

Timeliness. Failure of the Planning Commission to make a determination on the application for a site development permit within 60 days after the receipt of all necessary information for such action will constitute an approval of the application, unless such time is extended with the consent of the applicant.

(6)

Findings. A grading exception may be granted by the Planning Commission. In order for the Planning Commission to grant a grading exception, all of the following findings are required to be made:

(a)

Constraints. There are no significant physical constraints relating to grading, including lot configuration, topography, geology, sewage disposal, ground water, Scenic road impact, storm drainage, vehicular access, vegetation removal, significant trees, creek impacts, and cultural resource impacts;

(b)

Design. All site grading shall be properly contoured, result in natural appearing land forms specific to the site, and minimize abrupt grade changes; and

(c)

Natural state restoration.Natural state restoration shall be accomplished to the maximum extent practicable.

(7)

Entitlement expiration. Any approval by the Town Engineer, Planning Director or Planning Commission, given pursuant to the provisions of this Chapter 151 shall lapse and shall become null and void two years following the date on which the approval became effective, unless, prior to the expiration of two years, a site development permit has been issued. Approvals may be extended for an additional period of one year provided that, prior to the expiration of the initial two year approval period, an application for the renewal of the approval is filed with the Planning Director. The Planning Director may grant an extension for a period not exceeding one year where no change in conditions or requirements has occurred, but an application involving a change deemed to be significant by the Planning Director shall be treated as a new application, subject to all the provisions of this chapter.

(8)

Application inactivity. Any Planning application which has been incomplete for six or more months shall be considered inactive. The Planning Director shall notify applicants of such status by letter and provide 60 days to bring the application to complete status. If the application has not achieved complete status to the satisfaction of the Planning Director within this 60 day period, the applicant shall be refunded fees as specified by the Town's fee schedule and the application shall be closed.

(C)

Basement and daylighted basement grading.Grading quantities for basements and daylighted basements shall be calculated as the exterior of the basement structural walls. The maximum permitted grading for a basement shall be as follows in Table 1 below (no grading exceptions are permitted to Table 1).

* The maximum cubic yards of grading for basements is calculated as the square footage (the footprint) times 12 (a depth), divided by 27 (to convert cubic feet to cubic yards). This is a volume calculation, therefore basements with greater depths have smaller footprints.

(1)

Calculation of basement and daylighted basement grading.Basement and daylighted basementgrading shall be calculated to the exterior structural walls located below existing grade or finished grade, whichever is lower. When calculations of an existing basement(s) and daylighted basement(s)grading is needed to determine the remaining allowable basement(s) and daylighted basement(s), or when grading for a site and construction plans are not available, the existing basement and daylighted basementgrading shall be calculated as the interior finished dimensions, plus an assumed factor of 12 inches for all structural walls.

(2)

Means and methods for basement and daylighted basement grading. Over-excavation for basement and daylighted basementgrading shall be minimized to the greatest extent practicable. The means and methods for over-excavation for basement and daylighted basementgrading exceeding eight feet shall require the review and approval of the Town Engineer and Planning Director.

(1975 Code, § 7-4.10) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2014-564, effective 12-1-14; Am. Ord. 2016-575, effective 6-9-16; Am. Ord. 2018-596, § 2(Exh. A, I), effective 10-26-18)

The following factors shall be considered by the Town in its review of any application for a site development permit, as indicated in Section 151.20:

(A)

The degree of saturation of the fill and unsupported cuts by water, both natural and domestic;

(B)

The runoff of surface waters which have a potential to produce erosion, siltation, and other adverse impacts on stream corridors or flood plains;

(C)

The subsurface conditions, such as the rock strata and faults;

(D)

The nature and type of the soil or rock;

(E)

The effect upon the potential for future subdivision design;

(F)

The visual relationships with other development in the vicinity of the site;

(G)

The relationship of the proposed site development to the character of the surrounding community;

(H)

The capability of proposed slopes to be landscaped;

(I)

Unnecessary scarring of the natural landscape through the proposed grading or removal of vegetation;

(J)

Proper contouring of grading to result in natural appearing land forms specific to the site and minimize abrupt grade changes;

(K)

The impact of basement construction on groundwater and drainage patterns, significant trees, and geotechnical stability; and

(L)

Any other measures contained within any environmental report which will eliminate or mitigate environmental damage.

(1975 Code, § 7-4.11) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)

(A)

Permit fees and deposits. Before reviewing any site development permit, the Town shall collect a permit fee in the amount established by the Council. In addition to the collection of a site development permit fee, the Town shall collect a deposit for services in the amount established by the Council to cover the estimated costs of checking and inspections necessitated by the grading operation. Any unused portion of the deposit shall be returned when the work authorized by the permit has been completed. In the event the actual costs of checking and inspections exceeds the amount of the deposit, the permittee shall pay such excess prior to continuing with the unfinished work.

(1975 Code, § 7-4.12)

(B)

Deposit refunds. Where no work has been done under a permit issued in accordance with the terms of this chapter, the Town Manager, upon a written request from the original permit holder filed with the Town Manager, shall refund the unused portion of the deposit for services. The application fee shall not be refundable, and the permit will be cancelled.

(1975 Code, § 7-4.14) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)

Timeliness, extensions and stop work orders. Work under a site development permit shall commence within 180 days after issuance, and all work shall be completed within one year after the start of the work. In the event of unusual difficulties, the Town Engineer may grant an extension of not more than 180 days, so long as the application for an extension is made prior to the expiration date of the permit. Notwithstanding the provisions of this section, the Town Engineer shall have the power to stop or suspend any work if deemed necessary due to weather conditions or other conditions as provided for in this chapter.

(1975 Code, § 7-4.13) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)

Hazardous conditions. The Town Engineer shall deny a site development permit if, in his/her opinion, it will endanger any property or public way. Factors to be considered in determining the probability of hazardous conditions shall include, but not be limited to, possible saturation by water, land instability, runoff of surface waters, erosion, silting of drainage ways, and subsurface conditions, such as the lithology, structure, nature, and type of soil or rock. Failure of the Town Engineer to observe or recognize hazardous conditions or to deny the site development permit shall not relieve the permittee of responsibility for the condition or damages resulting therefrom and shall not result in the Town, or its officers or agents, being responsible for the conditions or damages resulting therefrom.

(1975 Code, § 7-4.15) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)

(A)

General.

(1)

All finished grading shall be blended with the existing grade to form a smooth transition where possible.

(2)

Cuts and fills pursuant to §§ 151.20(A)(1) through 151.20(A)(10) shall be balanced on site, unless an exception is granted by the Town Engineer and Planning Director. Basementgrading is exempt from this requirement.

(B)

Excavations.

(1)

Steepness. No surface grading shall be made with a cut face steeper than two horizontal to one vertical unless allowed by the Town Engineer and Town Geologist in accordance with the approved grading specifications.

(2)

Setback from property lines. The tops and toes of all cuts and fills shall be at least ten feet from any property line, except for grading necessary to construct an Accessory Dwelling Unit as defined in Chapter 153 that complies with required building setbacks from property lines that do not require approval of a variance or setback exception.

(3)

Contour grading.Contour grading of all tops and toes shall be required for a minimum of ten feet horizontal distance.

(4)

Stricter standards. The Town Engineer may require an excavation to be made with a cut face flatter in slope than two horizontal to one vertical if he/she finds the material in which the excavation is to be made is subject to significant erosion or if other conditions make such flatter cut slope necessary for stability or safety to adjoining property.

(1975 Code, § 7-4.08(a), (b)) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2020-610, § 1, effective 8-13-20)

(C)

Fills.

(1)

Steepness. No fill shall be made which creates any exposed surface steeper in slope than two horizontal to one vertical.

(2)

Stricter standards. The Town Engineer may require that the fill be constructed with an exposed surface flatter than two horizontal to one vertical if he/she finds that, under the particular conditions, such flatter surface is necessary for stability, safety, and planting.

(3)

Fill material. All fills shall be made of clean earth, sand, gravel, or rock.

(4)

Surface preparation. The ground surface shall be prepared to receive the fill by removing vegetation, topsoil, and other unsuitable materials and shall be scarified to provide a bond with new fill. Where slopes are steeper than five to one, and the height is greater than five feet, benching or keying into sound bedrock or other component material as determined by the Soils Engineer may be required.

(5)

Compaction of fills. All fills intended to support buildings or structures or where otherwise required to be compacted for stability of material shall be compacted, inspected, and tested in accordance with the approved geotechnical report. Where no geotechnical report exists, the following provisions shall apply:

(a)

Surface preparation. The natural ground surface shall be prepared by the removal of topsoil and vegetation and, if necessary, shall be graded to a series of terraces.

(b)

Moisture control. The moisture content of the fill material shall be controlled at the time of spreading and compaction to obtain the required maximum density.

(c)

Compaction density. The fill material shall be compacted to a relative compaction density of not less than 90 percent, determined by the current ASTM standard.

(1975 Code, § 7-4.08(c)—(e)) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)

Cross reference— Penalty, see § 10.99.

(A)

Development standards.Basements shall meet the following development standards:

(1)

No more than 50 percent of the maximum allowable basementgrading, pursuant to Section 151.22(C), shall take place beyond the footprint of an above grade structure;

(2)

Any basement not located under an above grade structure or impervious area shall have at least two and one-half feet of soil between the finished grade and the top of the basement structure;

(3)

Below grade patios and egress/light wells, in aggregate, shall comprise no more than 15 percent of the maximum allowable basementgrading;

(4)

Below grade tunnels, in aggregate, shall comprise no more than 15 percent of the maximum allowable basement grading;

(5)

All basements shall meet the required setbacks, except basements beneath nonconforming structures, which may encroach into the required setbacks so long as that portion of the newly constructed basement located in the setback does not exceed the footprint of the nonconforming structure. Egress/light wells which encroach into setbacks shall be sized to the minimum required by the California Residential Code (CRC) and/or California Code (CBC), whichever is applicable;

(6)

All grading for basements, egress/light wells, and below grade tunnels shall adhere to Section 151.40(B)(2);

(7)

The maximum interior finished height of a basement shall be 20 feet; and

(8)

All tunnels shall be a maximum of eight feet wide in interior finished width, and nine feet high in interior finished height. Vehicular tunnels (tunnels leading to above or below grade vehicular parking) shall be excluded from this requirement.

(B)

All portions of basements located below grade shall not count towards total floor area pursuant to Section 153.055.

(Ord. 2016-575, effective 6-9-16)

Maximum cuts and fills.Cuts and fills for such accessory uses as sport courts and decking or terraces around swimming pools shall not exceed a height of six feet measured vertically from the toe to the top of the slope.

(1975 Code, § 7-4.08(f)) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)

Cross reference— Penalty, see § 10.99.

Adequate provisions shall be made to dispose of surface waters and to prevent such surface waters from damaging the face of an excavation or any portion of a fill in accordance with the 1978 Town Storm Drain Master Plan and any subsequent revisions, and the following:

(A)

Subsurface drainage.Cut and fill slopes shall be provided with subsurface drainage as necessary for stability.

(B)

Disposal. All drainage facilities shall be designed to carry waters to the nearest practicable drainage way approved by the Town Engineer as a safe place to discharge such waters. The erosion of ground in the area of discharge shall be prevented by the installation of downdrains, retention basins, or other devices.

(C)

Building pads. Building pads and all finished grading shall comply with the drainage slope gradient required by the Building Code. If it is not practical to slope the finish grade away from the building, alternative methods may be approved by the Town Engineer. Surface drainage shall be toward approved drainage facilities to the satisfaction of the Town Engineer. Building pads, if necessary, shall be protected by berms, walls, fills, or trenches which drain to a protected outlet.

(D)

Drainfields. The site drainage system shall be designed and constructed so that surface drainage shall not cross septic tank drainfields. Interceptor trenches or curtain drains may be used if approved by the County Environmental Health Officer and Town Engineer.

(E)

Driveways. To prevent erosion and ponding on the roadside and road surface, all driveways shall have a minimum cross slope of three percent or as approved by the Town Engineer. Shoulders shall be protected from erosion. All gravel or rock surfaced driveways shall be protected through the construction of water bars or drainage depressions, the design and location of which shall be to the satisfaction of the Town Engineer. Culverts or bridges approved by the Town Engineer shall be installed on all waterways, streams, or ditches when road crossings are required.

(1975 Code, § 7-4.08(g)) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)

Cross reference— Penalty, see § 10.99.

All driveways shall be designed and constructed in accordance with the following:

(A)

Number of entrances. All residential lots shall have only one driveway with only one opening which shall be from only one public or private serving road. Second driveway exceptions may be granted by the Planning Commission if all of the following findings can be made:

(1)

The proposed additional ingress and egress point meets Town standards for the line of sight, case of public identification, and any other traffic safety consideration; and

(2)

The proposed additional ingress and egress point does not detract from the scenic and rural quality of the Town.

(3)

The proposed additional ingress and egress point cannot be accommodated off of the primary driveway; or, if could be accommodated, would be more environmentally damaging than the proposed second driveway, such as crossing a stream corridor or developing significant portions of slopes that are in excess of 35 percent.

(4)

The site would not have more than two driveway openings with approval of the Second Driveway Exception.

(B)

Reserved.

(C)

Alignment. The horizontal alignment of the driveway shall be adequate for safe and convenient travel, and the minimum center line radius shall be 40 feet. If a special case involving a restricted site, steep grades, or the like occurs, the Town Engineer may consider curve widening in place of the 40-foot radius. The curve widening shall be in the range of 12 feet to 25 feet in width, and the curve widening shall permit the use of the driveway by emergency vehicles. The Town Engineer shall specify the required turning radii.

(D)

Gradients.Driveways shall have a minimum grade of one percent and a maximum grade of 20 percent. All grade changes shall be connected with vertical curves long enough to prevent the contact of any passenger vehicle's undercarriage or bumper with the driveway surface. The center line grade of the driveway at the edge of the fronting road surface shall be a maximum of five percent (up or down) for 25 feet to provide a transition from the fronting road to the driveway. A vertical curve shall be used, and the minimum length shall be 50 feet, and the maximum tangent grade adjoining the existing road shall be five percent. A similar transition shall also be required where the driveway joins the parking area at the garage, or at the garage.

(E)

Design and construction standards.

(1)

Width and road connection.Driveways shall have a minimum paved width, asphalt or rocked, of 12 feet and a maximum paved width, asphalt or rocked, of 20 feet, except as provided in division (C) above. Driveways shall connect to a public or private road meeting the driveway standards of this chapter.

(2)

Length and turnout requirements.Driveways longer than 200 feet and less than 350 feet shall contain a turnout if required by the Town Engineer for reasons of public safety. Driveways 350 feet or longer shall contain one or more turnouts. No two adjacent turnouts shall be more than 350 feet apart. The total width of the driveway at the turnout shall not be less than 18 feet. The length of the turnout shall not be less than 25 feet. In addition, tapers shall be provided at each end.

(3)

Crown/cross-slope. The crown or cross-slope of driveways shall be three percent.

(4)

Construction specifications.Driveway subgrades shall be compacted to a minimum of 95 percent. Driveways shall have a minimum compacted thickness of compacted rock base of five inches. Where the center line grade of any section of driveway exceeds five percent, the driveway shall be surfaced with a plant-mixed material of 1½ inches or be constructed of another combination of base and surface providing equal strength and durability; unless an exception is granted by the Town Engineer and Fire District. Any driveway exceeding 15 percent center line grade shall have a minimum four-inch concrete slab with a brushed concrete surface. Surfacing materials for driveways and parking lots shall conform to Caltrans Standard Specifications, January 1978.

(5)

Backarounds. A backaround at the end of a driveway shall be constructed, at a minimum, in accordance with the Town Backaround Standard.

(6)

Load capacity. All bridges, culverts, and driveway structures shall be designed to sustain an H-20 truck loading in accordance with AASHO standards.

(1975 Code, § 7-4.08(h)) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16; Am. Ord. 2017-585, effective 4-27-17; Am. Ord. 2020-610, § 2, effective 8-13-20)

Cross reference— Penalty, see § 10.99.

(A)

Timing, means, and methods. All grading operations pursuant to Sections 151.20(A)(1) through 151.20(A)(10) shall be conducted between April 15 and October 15. All grading work shall be winterized by providing weather protection for the exposed graded surfaces no later than October 15th. All exposed surfaces shall be protected (for example, planted, fertilized, and covered with a straw mulch or burlap netting) in a manner satisfactory to the Town Engineer and Planning Director. Temporary structures, such as retention basins, sand bag baffles, plastic covering, and temporary culverts, shall be provided if required by the Town Engineer. Work may be stopped by the Town Engineer if, in his/her opinion, it appears that storm damage may result if grading is allowed to continue. The permittee may be required to install temporary planting to control erosion, install temporary structures, or take such other measures as may be required to protect adjoining property or the public safety. The Town Engineer may specify the time of starting grading and the time of completion or may require that the operation be conducted in specified stages so as to ensure the completion of protective measures or devices prior to the advent of seasonal rains.

(B)

Securing cut and fill surfaces. The faces of cut and fill slopes and other areas where vegetation has been removed shall be prepared and maintained to prevent soil erosion. All cut and fill surfaces shall be planted with ground covers or grasses which are compatible with the natural ground covers and grasses found in the Town and which will thrive with little maintenance. Earthen slopes shall be contour graded to encourage plant growth. Cut and fill surfaces along public and private roads may be required to be landscaped to blend into the natural surroundings. Plants used shall not obstruct vehicular sight distances. Adequate sight distance shall be determined by the Town Engineer. All plant materials shall be satisfactory to the Planning Director.

(C)

Slope protection.Slope protection shall be installed as soon as practicable and prior to calling for final grading approval.

(D)

Further means and methods. Check dams, cribbing, riprap, or other methods shall be employed to control erosion and provide safety if required by the Town Engineer.

(E)

Winter grading exception. An applicant for a site development permit may apply to the Town Engineer for an exception to allow grading to commence after October 15 and before December 1 of any year. The Town Engineer shall not grant an exception unless he/she finds:

(1)

That no detriment is likely to occur to neighboring properties;

(2)

That no detriment is likely to occur to public or private roads;

(3)

That the applicant can complete the grading within 30 days of the granting of exception;

(4)

That the site will be winterized as required by this chapter, with an erosion plan to the satisfaction of the Town Engineer.

(F)

Public project grading.Grading for a public project of the Town may be commenced after October 15 and before December 1 of any year where the Town Engineer makes a report to the Town Council with the findings required in division (E) above.

(1975 Code, § 7-4.08(i)) (Ord. 1984-317, effective 4-12-84; Am. Ord. 1987-347, effective 8-13-87; Am. Ord. 1988-360, effective 4-15-88; Am. Ord. 1989-419, effective 1-11-90; Am. Ord. 2016-575, effective 6-9-16)

Cross reference— Penalty, see § 10.99.

(A)

Applicability. All site development work and operations shall comply with the requirements set forth in this section in addition to other requirements of this chapter.

(B)

Hours of operation. All site development, building construction, and commercial leaf blowing operations shall be carried on only between the hours of 7:30 a.m. and 5:30 p.m., Monday through Friday, and 8:00 a.m. to 1:00 p.m. Saturdays, unless the Town Engineer finds that work at other times or days would not imperil or inconvenience the public, or create a nuisance, in which case he/she may by written permission, allow the work to proceed during such other hours as may be necessary. Site development, building construction, and commercial leaf blowing operations shall not occur on New Year's Day, Martin Luther King Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, or Christmas Day.

(C)

Dust and dirt control. All graded surfaces shall be treated to prevent nuisances from dust or spillage on roads or adjacent properties. Equipment, materials, and roadways on the site shall be used in a manner or treated as to prevent excessive dust conditions.

(D)

Noise control. At all times, broadcast, recorded or amplified music shall not be audible beyond the property lines of any construction site.

(1975 Code, § 7-4.16) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16; Am. Ord. 2016-577, effective 8- 25-16; Am. Ord. 2020-611, § 1, effective 10-8-20)

Cross reference— Penalty, see § 10.99.

(A)

Inspections by the Town Engineer. The Town Engineer, when requested, upon two working days' notice (48 hours) delivered to the Town Hall, shall make the inspections required by this division and shall either approve that portion of the work completed or shall notify the permit holder wherein the work fails to comply with this chapter. In addition to such inspections, the Town Engineer may initiate his/her own inspections.

(1)

Noncompliance and stop work orders. Where it is found by inspection that the soil or other conditions are not as stated or shown in the application for the site development permit, the Town Engineer may stop the work until approval is obtained for a revised site development permit conforming to the existing conditions.

(2)

Compliance. Plans and permits for grading work, bearing the approval of the Town Engineer, shall be maintained at the site during the progress of the grading work and until the work has been approved.

(3)

Inspections. The following inspections shall be made:

(a)

Initial inspections. When the permittee or his/her agent is ready to begin work on an excavation or fill, and construction stakes, where required, have been set, and before any grading is started;

(b)

Rough grading inspections. When all rough grading has been completed;

(c)

Winterization inspections. If required by the Town Engineer; and

(d)

Final inspections. When all work, including the installation of all drainage, paving, and other structures and any required planting, has been completed. All revised plans and soils certifications shall have been submitted and approved in advance of the final inspection.

(B)

Notification. The Town Engineer shall notify the applicant of the results of all inspections.

(1975 Code, § 7-4.18) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)

If, at any stage of the work on an excavation, fill, or driveway construction, the Town Engineer determines by inspection that the nature of the earth materials is such that further work as authorized by an existing permit is likely to endanger any property or public way, the Town Engineer may require as a condition to allowing the work to proceed that such reasonable safety precautions be taken as the Town Engineer considers advisable to avoid such likelihood of danger. "Special precautions," for the purposes of this section, may include, but shall not be limited to, specifying a flatter graded slope, the construction of additional drainage facilities, berms, terracing, compaction, or cribbing, or the installation of plant materials for erosion control.

(1975 Code, § 7-4.19) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)

(A)

Geologic reports required for geologically hazardous sites. For any grading, a complete geotechnical report shall be required for those sites identified as "geologically hazardous" on the Town's geologic hazards maps, or as identified by the Town Geologist, Planning Director, and Town Engineer, unless a detailed geotechnical report has been previously approved by the Town. The report shall meet the guidelines of the General Plan seismic safety, natural hazards, and safety element and provisions of the Zoning Code relating to geologically hazardous areas. The report preparer should consult any other reports relative to the site which are on file with the Town.

(B)

Contents of geological report. The report shall incorporate all relevant existing data and provide any additional information necessary for grading. The report preparer is encouraged to submit a written outline of the geotechnical report to the Town for review by the Town Geologist and Town Engineer. The report shall include all geotechnical aspects of the site and the surrounding area, including geology, soils, surface storm waters, ground waters, and other applicable facts. The report shall describe the site, the work proposed for the site, the geotechnical requirements of the work, detailed geotechnical specifications of the work, and the required geotechnical field review of the work.

(C)

Report submission. The report shall be submitted to the Town and will be reviewed by the Town Geologist and Town Engineer. The Town Geologist and Town Engineer may require additional field work, research, calculations, or specifications. The revised report shall be reviewed by the Town Geologist and the Town Engineer. The final report for such site shall include the initial report, all reviews, and the revised report.

(D)

Report certification. The geotechnical report preparer shall review the final construction plans and submit a written certification that such plans reflect the geotechnical recommendations and specifications and that the proposed work is geotechnically feasible. The permit will not be issued until the report is final and the certification is submitted.

(E)

Waiving or altering geotechnical report requirements. The Town Engineer may waive the geotechnical report requirement where the work is minor, involves no swimming pool or building for human occupancy, and geologic hazards do not exist. A geotechnical report shall be required for all swimming pools and buildings for human occupancy. The Town Engineer and Town Geologist may modify the requirements for a geotechnical report for buildings for human occupancy or swimming pools when, in their opinion, no apparent geological hazard exists.

(F)

Final report and field reviews. The final geotechnical report shall specify the necessary field reviews of the work. The applicant shall retain a licensed professional to perform the field reviews. The geotechnical professional shall review all clearing, grading, keyways, approval of materials, compaction, slope angles, pier depths, and the like. The geotechnical field reviews shall be complete for each phase before the Town final review will be conducted. A final written report on the field reviews shall be required describing the work, changes, and adherence to the approved specifications. The final report on the field reviews will be reviewed and approved prior to the final field review by the Town.

(1975 Code, § 7-4.20) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16; Am. Ord. 2017-584, effective 4-13-17)

When engineered grading is required, it shall be the responsibility of the licensed professional who prepares the approved grading plan to incorporate in the grading plan all recommendations from the geotechnical reports. Inspections and the approval of the grading shall be by each licensed professional acting within his/her area of technical specialty. Such responsibility shall include, but need not be limited to, inspections and approval as to the establishment of the layout, grading, and drainage of the development area. The licensed professional shall also be responsible for the preparation of revised plans and the submission of as-graded grading plans upon the completion of the work.

(1975 Code, § 7-4.21) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)

(A)

The Town Engineer shall have the authority to permit minor changes, modifications, and other deviations from the design standards set forth in this chapter upon finding that any such change, modification, or deviation will not detrimentally alter the resultant stability and drainage in relation to the use to be made of the graded area.

(B)

There shall be no major change, modification, or deviation from the approved plans unless such changes are approved by the Town Engineer and Planning Director.

(1975 Code, § 7-4.22) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)

If any of the licensed professionals are changed during the course of the work, the work shall be stopped until the replacement has agreed in writing to accept the responsibilities within the area of his/her technical competence for approval upon the completion of the work.

(1975 Code, § 7-4.24) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16; Am. Ord. 2017-584, effective 4-13-17)

If, in the course of fulfilling their responsibilities under this chapter, the Civil Engineer, Architect, Landscape Architect, Soils Engineer, Engineering Geologist, or testing agency finds that the work is not being undertaken in conformance with this chapter or the approved grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and to the Town Engineer. Recommendations for corrective measures, if necessary, shall be submitted.

(1975 Code, § 7-4.23) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)

Whenever the Town determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use, or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of such property, upon the receipt of notice in writing from the Town, within the period specified, shall repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements this chapter.

(1975 Code, § 7-4.26) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)

If, upon the final inspection of any excavation, fill, or driveway, it is found that the work authorized by the site development permit has been satisfactorily completed in accordance with the requirements of this chapter and any other requirements imposed, a certificate of completion covering such work, and stating that the work is approved, shall be issued to the owner by the Town Engineer upon request.

(1975 Code, § 7-4.25) (Ord. 1984-317, effective 4-12-84)

The Planning Commission may authorize exceptions to any of the requirements and regulations set forth in this chapter, except for standards listed in Section 151.22(C), basement and daylighted basementgrading. An application for any exception shall be made by stating fully the grounds of the application and the facts relied upon. Such application shall be filed with the site development permit application. In order for the Planning Commission to grant an exception, the Planning Commission shall make all of the following findings (unless more specific findings are set forth in preceding sections):

(A)

That the land is of such shape or size, or is affected by such physical conditions, or is subject to such title limitations of record that it is impossible or unpractical for the applicant to comply with all of the regulations of this chapter.

(B)

That the exception is necessary for the preservation and enjoyment of a substantial property right of the applicant;

(C)

That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity of the subject property;

(D)

That the granting of the exception shall not constitute a grant of special privilege to the applicant; and

(E)

That the granting of the exception shall be consistent with the General Plan and zoning provisions.

(1975 Code, § 7-4.27) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)

(A)

Authority.

(1)

In the event any person holding a site development permit pursuant to this chapter violates the terms of the permit or conducts, carries on, or permits to be conducted or carried on site development in such a manner as materially or adversely to affect the health, welfare, or safety of persons residing or working in the neighborhood of the property of the permittee, or conducts or carries on or permits to be conducted or carried on site development so that it is materially detrimental to the public welfare or injurious to property or improvement in the neighborhood, the Town Engineer may order a temporary suspension, effective immediately upon notification.

(2)

In order to remove a temporary suspension, the permittee shall perform the necessary corrective and/or restorative work as approved by the Town Engineer. The restorative or corrective work shall commence within three days and be completed and directed by the Town Engineer. If the Town Engineer and permittee cannot agree upon the corrective and/or restorative work and the time within which such work is to be completed, the Town Engineer shall report such disagreement to the Planning Commission at its next available meeting. The Planning Commission shall consider the Town Engineer's report and determine the appropriate action at its next available meeting.

(B)

Procedure for revoking site development permits. No site development permit which has been approved by the Planning Commission shall be revoked until a public hearing is held by the Planning Commission. Written notice of such hearing shall be served by the Planning Director upon the permittee, either personally or by certified mail. Such notice shall be given to the permittee at least five days prior to the date set for the hearing and shall state:

(1)

The grounds for the complaint or reasons for the revocation; and

(2)

The time when, and the place where, such hearing is to be held.

(C)

Decisions. At any such public hearing, the permittee shall be given an opportunity to be heard and may call witnesses and present evidence on his/her behalf. Upon the conclusion of such hearing, the Planning Commission shall determine whether or not the permit shall be suspended, revoked, or modified.

(D)

Appeals. The permittee may appeal the decision of the Planning Commission as provided in Section 151.75.

(1975 Code, § 7-4.28) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)

(A)

Any decision of the Town Engineer or Planning Director relevant to this chapter may be appealed by the applicant or any interested person to the Planning Commission.

(B)

Any determination of the Planning Commission relevant to this chapter may be appealed by the applicant or any interested person to the Council.

(C)

Appeals shall be filed in writing with the Town Clerk within ten days after the date of the appealed decision.

(D)

Appeals shall be conducted as set forth in §§ 153.335 et seq., of this Code.

(1975 Code, § 7-4.29) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2003-520, effective 10-23- 03; Am. Ord. 2016-575, effective 6-9-16)

(A)

At his/her discretion, the Town Manager, upon receiving a recommendation from the Town Engineer and Planning Director, may require bonds and/or other guarantees to ensure the completion of the required work and compliance with the regulations imposed under the terms of any permit issued pursuant to this chapter, including, but not limited to, geotechnical investigations, percolation testing, driveway improvements, landscaping and maintenance. In the case of landscaping and landscaping maintenance, security shall be provided to guarantee the maintenance of all plant materials for a period of two years.

(B)

All bonds shall be prepared in a form satisfactory to the Town Attorney, such improvement security to be to the benefit of the Town. Such bond, or other security, shall be in an amount deemed by the Town Manager, after receiving a recommendation from the Town Engineer, to be sufficient to cover the costs of improvements. The term of the bond, or other security, shall commence on the date the application is granted and shall remain in full force and effect until the completion of the work to the satisfaction of the Town Engineer.

(C)

When work is completed, any unused portion of the security shall be refunded to the permittee upon the certification of satisfactory completion by the Town Engineer.

(1975 Code, § 7-4.31) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)

It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any of such provisions or failing to comply with any of the requirements of this chapter shall be subject to the penalty provisions in Chapter 10, Sections 10.40 through 10.99.

(1975 Code, § 7-4.32) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)

Cross reference— Penalty, see § 10.99; Site Development Code violations, see § 10.66.