HomeMy WebLinkAboutORD 2921BILL NO. 20
ORDINANCE NO. 2921
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL ENACTING A
NEW CHAPTER 4, ARTICLE, 19, SECTIONS O4 -19 -01 THROUGH 04- 19 -19,
INCLUSIVE, OF THE CALDWELL CITY CODE, ENTITLED "EROSION AND
SEDIMENT CONTROL /GRADING "; PROVIDING FOR AN EFFECTIVE DATE;
PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH.
BE IT ORDAINED by the Mayor and City Council of the City of Caldwell, County of
Canyon, State of Idaho:
Section 1: That a new Chapter 4, Article 19, Sections 4 -19 -01 through 4- 19 -19, inclusive, of
the Caldwell City Code, entitled "Erosion and Sediment Control /Grading," be enacted, as
follows:
EROSION AND SEDIMENT CONTROLIGRADING
Sections:
4- 19 -01: PURPOSE AND INTENT:
4- 19 -03: APPLICABILITY:
4- 19 -05: DEFINITIONS:
4- 19 -07: PERMITS:
4- 19- 07 -01: PERMITS REQUIRED:
4- 19- 07 -03: FEES REQUIRED:
4- 19- 07 -05: FEES:
4- 19- 07 -07: FEE REFUNDS:
4- 19- 07 -09: FAILURE TO CORRECT VIOLATION; PERMIT REVOCATION:
4- 19- 07 -11: EXPIRATION OF PERMIT BY LIMITATION:
4- 19- 07 -13: PERMITS DENIED:
4- 19- 07 -15: ADDITIONAL CAUSES FOR PERMIT REVOCATION:
4- 19- 07 -17: INSPECTION OF WORK:
4- 19 -09: EROSION AND SEDIMENT CONTROL PLAN:
4- 19 -11: GENERAL REQUIREMENTS AND PROHIBITIONS:
4- 19 -13: INSPECTIONS:
4- 19 -15: ENFORCEMENT:
4- 19 -17: SEVERABILITY:
4- 19 -19: EFFECTIVE DATE OF ARTICLE:
4- 19 -01: PURPOSE AND INTENT:
The purpose of this article is to safeguard persons, protect property, prevent damage to
the environment, and promote the public welfare by guiding, regulating, and controlling the
PACE - I
design, construction, use, and maintenance of any development or other activity which disturbs
or breaks the topsoil or results in the movement of earth on one (1.00) acre or more of land
located within the corporate limits of the city of Caldwell.
4- 19 -03: APPLICABILITY:
This article shall apply to all construction activity and all land disturbing activity, directly
or indirectly associated with construction projects, and all persons engaged in construction
activity and land disturbing activity, directly or indirectly associated with construction projects,
which activity or project involves one (1.00) acre or more of land located within the corporate
limits of the city of Caldwell.
4- 19 -05: DEFINITIONS:
For the purposes of this article, the following shall mean:
A. BEST MANAGEMENT PRACTICES (BMPs): Schedules of activities,
prohibitions of practices, general good housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices to
prevent or reduce the discharge of pollutants directly or indirectly to storm water,
receiving waters, or storm water conveyance systems. BMPs also include treatment
practices, operating procedures, and practices to control site runoff, spillage or leaks,
sludge or water disposal, or drainage from raw materials storage.
B. CLEARING: Any activity that removes the vegetative surface cover.
site.
C. DRAINAGEWAY: Any channel that conveys surface runoff throughout the
D. EROSION AND SEDIMENT CONTROL PLAN: A set of plans indicating
the specific measures and sequencing to be used controlling sediment and erosion on a
development site before, during and after construction.
E. EROSION CONTROL: Measures that prevent erosion.
F. GRADING: Excavation or fill of material, including the resulting conditions
thereof.
G. PERIMETER CONTROL: A barrier that prevents sediment from leaving a
site either by filtering sediment laden runoff, or diverting it to a sediment trap or basin.
H. PHASING: Clearing a parcel of land in distinct phases, with the stabilization
of each phase before the clearing of the next.
I. RESPONSIBLE PERSON: Any foreman, superintendent, project manager, or
other person with operational control over site activities and day to day operational
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control over plan requirements and permit conditions at the site of any construction
activity. The responsible person shall possess a current and valid Boise City certificate of
training or equivalent.
J. SEDIMENT CONTROL: Measures that prevent eroded sediment from leaving
the site.
K. SITE: A parcel of land, or a contiguous combination thereof, where grading
work is performed as a single unified operation.
L. SITE DEVELOPMENT PERMIT: A permit issued by the municipality for the
construction or alteration of ground improvements and structures for the control of
erosion, runoff and grading, when such construction or alteration involves one (1.00) or
more acres of land.
M. STABILIZATION: The use of practices that prevent exposed soil from
eroding.
N. WATERCOURSE: Any body of water, including, but not limited to, lakes,
ponds, rivers, streams, and bodies of water.
O. WATERWAY: A channel that directs surface runoff to a watercourse, or to
the public storm drain.
4- 19 -07: PERMITS:
A. No person shall be granted a site development permit for land disturbing
activity which would require the uncovering of one acre or more without the approval of
an erosion and sediment control plan by the Caldwell public works department.
B. No site development permit is required for any emergency activity, which is
immediately necessary for the protection of life, property or natural resources. The
Caldwell public works department shall be notified within twenty four (24) hours of the
initiation of the emergency activity.
C. Each application shall bear the name(s) and address(es) of the owner or
developer of the site, and of any contractor retained by the applicant, together with the
name of the applicant's responsible person, and shall be accompanied by a filing fee to be
set by resolution of the city council.
D. Each application shall include a statement that any land clearing, construction,
or development involving the movement of earth shall be in accordance with the erosion
and sediment control plan, and that a responsible person shall be on site on all days where
construction or grading activity takes place.
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E. The applicant will be required to file with the Caldwell public works
department a cash bond or automatically renewable letter of credit in an amount deemed
sufficient by the Caldwell public works department to cover all costs of improvements,
landscaping, and maintenance of improvements for such period as specified by the city of
Caldwell, and engineering and inspection costs to cover the cost of failure or repair of
improvements installed on the site.
F. The Caldwell public works department will review each application for a site
development permit to determine its conformance with the provisions of this article.
Within ten (10) working days after receiving a complete application, the Caldwell public
works department shall, in writing: (1) Notify the applicant that the department has
reviewed the permit application for compliance, and (2) Approve the permit application
or disapprove the permit application indicating the deficiencies and the procedure for
submitting a revised application and/or submission.
4- 19- 07 -01: PERMITS REQUIRED:
It is unlawful for any person, firm or corporation to perform any construction
activity, including, but not limited to, all land disturbing activity, directly or indirectly
associated with construction projects, which activity or project involves one (1.00) acre
or more of land located within the corporate limits of Caldwell, without first obtaining a
site development and/or erosion and sediment control permit.
4- 19- 07 -03: FEES REQUIRED:
Permits required under this title require fees to be paid at time of issuance of a
permit. Permit fees for projects started without the required permits shall be subject to a
special investigation fee, which shall be assessed at a rate of twice that of the original
permit fee unless otherwise provided herein,
4- 19- 07 -05: FEES:
Except as otherwise specified all fees are established by resolution of the council.
4- 19- 07 -07: FEE REFUNDS:
In the event construction activity has not commenced on an approved permit
application, and the applicant requests cancellation of said permit while it is still valid,
fees paid for the permits associated with the construction of improvement to any work
regulated under this article shall be refundable at a rate of eighty percent (80 %) of the
original permit. Refund requests must be made in writing and shall be accompanied by
the original permit. Refunds cannot be granted for plan review fees or for permits which
are expired or null and void for any reason.
4- 19- 07 -09: FAILURE TO CORRECT VIOLATION; PERMIT REVOCATION:
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In case of violation of any of the provisions of this article or other regulation of
the city of Caldwell related to any permitted project, by any person holding a required
permit and after such violator has been given written notice of such violation and said
licensee has failed to correct the violation within the time specified in the notice, the
public works director, or his authorized representative, may declare the permit revoked
and notify the permittee. Any permittee who has had their permit so revoked shall not be
issued another permit until said violation has been corrected and formal application made
as provided in this section 4 -19 -7. Any revocation may be appealed in writing to the
council within fifteen days from the date the notice of the revocation is given to the
permittee.
4- 19- 07 -11: EXPIRATION OF PERMIT BY LIMITATION:
Every permit issued shall become invalid unless the work on the site authorized
by such permit is commenced within one hundred eighty (180) days after its issuance, or
if the work authorized on the site by such permit is suspended or abandoned for a period
of one hundred eighty (180) days after the work is commenced. The public works
director is authorized to grant, in writing, one or more extensions of time, for periods not
more than one hundred eighty (180) days each. The extension shall be requested in
writing and justifiable cause shall also be demonstrated.
E1fLaIYffk ]1
The public works director, city engineer or building official may withhold
issuance of any permit to any owners, firm or corporation who has outstanding notices of
violation or outstanding permit fees on permits previously issued, and has failed to take
the directed corrective action. Issuance of new permits may not be withheld if an appeal
of the public works director's, city engineer's or building official's action has been filed
for consideration by the Caldwell city council. Appeal of the public works director's, city
engineer's or building official's action may be made to the Caldwell city council. Such an
appeal must be made in writing to the city council whereby the appellant will provide the
reason(s) why they have not corrected the substandard work or paid the outstanding fee.
Appeal must be made within fifteen (15) days of the issuance of the notice of violation or
prior to the nullification of the required permit.
4- 19- 07 -15: ADDITIONAL CAUSES FOR PERMIT REVOCATION:
The public works director, city engineer or building official may revoke any
permit issued in error, any permit issued on the basis of incorrect information or upon
learning of work which has been performed in violation of this or any other law of the
state of Idaho or federal government. Upon revocation the permit holder shall cease all
work until such time that a new permit has been issued or written notification of
reactivation of the nullified permit has been received.
4- 19- 07 -17: INSPECTION OF WORK:
PAGE --S
The public works director, city engineer or building official or their authorized
representatives have the authority to enter any premises at any reasonable hour for the
examination of work permitted under this section 4 -19 -7 or any other provision of this
code. All work requiring inspection under this section shall be left exposed and accessible
to the inspector until such time that the inspector has approved the installation or
construction.
4- 19 -09: EROSION AND SEDIMENT CONTROL PLAN:
A. The erosion and sediment control plan shall include:
1. A sequence of construction of the development site, including stripping
and clearing, rough grading, stockpiling, construction of utilities, infrastructure,
and buildings, and final grading and landscaping. Sequencing shall identify the
expected date on which clearing will begin, the estimated duration of exposure of
cleared areas, and the sequence of clearing, installation of temporary erosion and
sediment measures, and establishment of permanent vegetation.
2. All erosion and sediment control measures necessary to meet the
objectives of this article throughout all phases of construction and permanently,
after completion of development of the site.
B. The erosion and sediment control plan must be prepared by a qualified person.
C. Modifications to the plan:
1. Major amendments of the erosion and sediment control plan shall be
submitted to the Caldwell public works department and shall be processed and
approved or disapproved, in the same manner as the original plans.
2. Field modifications of a minor nature may be authorized by the
Caldwell public works department by written authorization to the permittee.
4- 19 -11: GENERAL REQUIREMENTS AND PROHIBITIONS:
Grading, erosion control practices, sediment control practices, and waterway crossings on
all construction sites, regardless of size, shall meet the requirements of this section and the
design criteria set forth in the most recent version of the "Idaho Construction Site Erosion and
Sediment Control Field Guide," and shall be adequate to prevent transportation of sediment from
the site to the satisfaction of the Caldwell public works department.
A. Clearing and Grading:
1. Clearing and grading shall not be permitted except when in compliance
with all other requirements of city code.
PAGE -6
2. Clearing techniques that retain natural vegetation and retain natural
drainage patterns, as described in the "Erosion And Sediment Control Field
Manual" shall be used to the satisfaction of the Caldwell public works
department.
3. Phasing shall be required on all sites disturbing greater than thirty (30)
acres, with the size of each phase to be established at plan review and as approved
by the Caldwell public works department.
4. Clearing, except that necessary to establish sediment control devices,
shall not begin until all sediment control devices have been installed and have
been stabilized.
5. Cut and fill slopes shall be no greater than three to one (3:1), except as
approved by the Caldwell public works department to meet other community or
environmental objectives.
B. Control Standards:
1. Soil must be stabilized within ten (10) days of clearing or inactivity in
construction.
2. If vegetative erosion control methods, such as seeding, have not become
established within two (2) weeks, the Caldwell public works department may
require that the site be reseeded, or that a nonvegetative option be employed.
3. Techniques shall be employed to prevent the blowing of dust or
sediment from the site.
4. When in- channel work is conducted, the channel shall be stabilized
before, during and after work.
5. Stabilization adequate to prevent erosion must be provided at the outlets
of all pipes and paved channels.
6. A temporary access road shall be provided at all sites.
7. A vehicle wash down/cleanup area shall be provided at all sites to
remove mud and prevent tracking onto roadways.
8. Other measures may be required at the discretion of the Caldwell public
works department in order to ensure that construction vehicles do not track
sediment onto public streets or sediment is not washed into storm drains.
4- 19 -13: INSPECTIONS:
PAGE -7
A. The permittee or his/her agent shall make regular inspections of all control
measures in accordance with the inspection schedule outlined on the approved erosion
and sediment control plan(s). The purpose of such inspections will be to determine the
overall effectiveness of the control plan, and the need for additional control measures.
B. All inspections shall be documented in written form and submitted to the
Caldwell public works department at the time interval specified in the approved permit.
C. The Caldwell public works department or its designated agent shall enter the
property of the applicant as deemed necessary to make regular inspections.
4- 19 -15: ENFORCEMENT:
A. Stop Work Orders; Revocation Of Permit: In the event that any person holding
a site development permit pursuant to this article violates the terms of the permit, or
implements site development in such a manner as to materially adversely affect the
health, welfare, or safety of persons residing or working in the neighborhood or
development site so as to be materially detrimental to the public welfare or injurious to
property or improvements in the neighborhood, the Caldwell public works department
may suspend or revoke the site development permit.
B. Violation And Penalties: No person shall construct, enlarge, alter, repair, or
maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in
violation of any terms of this article. Any person violating any of the provisions of this
article shall be deemed guilty of a misdemeanor, punishable as provided in Idaho Code
§§ 50- 302(1) and 18 -113, as amended. Each day during which any violation of any of
the provisions of this article is committed, continued or permitted, shall constitute a
separate offense. In addition to any other penalty authorized by this section, any person,
partnership, or corporation convicted of violating any of the provisions of this article
shall be required to bear the costs and expenses of restoration resulting therefrom.
4- 19 -17: SEVERABILITY:
The provisions and sections of this article shall be deemed to be separable, and the
invalidity of any portion of this article shall not affect the validity of the remainder.
4- 19 -19: EFFECTIVE DATE OF ARTICLE:
The effective date of this article is December 21, 2012. All prior ordinances and parts of
ordinances in conflict with this article are hereby repealed.
Section 2: All ordinances, resolutions, orders or parts thereof in conflict Herewith are hereby
repealed, rescinded and annulled.
Section 3: This ordinance shall be in full force and in effect beginning December 21, 2012.
PAGE -8
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