Chapters:
15.12 State
Environmental Policy Act
15.14 Shoreline Master
Program
15.16 Development in
Flood Areas
15.18 Critical Areas
15.20 Clearing, Grading, Filling, and Drainage
Chapter 15.12
Sections:
15.12.010 State
Environmental Policy Act (SEPA)
15.12.010 State
Environmental Policy Act (SEPA):
A. The Town of South Prairie, hereby, adopts the applicable sections of the State Environmental Policy Act (SEPA) Rules, Chapter 197-11 WAC, including amendments that became effective in November 1997, as the Town of South Prairie’s environmental management ordinance.
B. The Town Planner is named the responsible environmental official for the Town of South Prairie, for purposes of administrating this ordinance.
Chapter 15.14
Sections:
15.14.010 Shoreline Master Program
15.14.020 Relation to RCW 36.70B
15.14.010 Shoreline
Master Program:
A. The South Prairie Shoreline Master Program, as it is now written or will later be amended, is included by reference in this ordinance, and is available for review at South Prairie Town Hall.
B. The Shoreline Master Program outlines the policies and regulations that apply to all uses and activities that may occur along South Prairie’s shorelines and establishes procedures for obtaining development permits in shoreline areas.
15.14.020 Relation to
RCW 36.70B:
Shoreline Substantial Development Permits, Shoreline Conditional Use Permits, and Shoreline Variances are subject to the following procedures, which are outlined in Chapter 15.08 of this ordinance:
A. Determination of Completeness;
B. Notice of Application;
C. Optional consolidated project permit review processing, except as provided in RCW 36.70B.140;
D. Joint public hearings;
E. Single report stating all the decisions and recommendations made as of the date of the report that do not require an open record hearing;
F. Report of Decision;
G. Completion of project review within any applicable time periods (including the one hundred twenty (120) day permit processing time).
15.14.030 Development in
Shoreline Areas:
A. Persons proposing development within shoreline areas must comply with the requirements of the most recent edition of the Shoreline Master Program, in addition to the regulations of this ordinance.
B. When work in or near water is proposed, a JARPA (Joint Aquatic Resource Permits Application) form must be submitted.
Chapter 15.16
Sections:
15.16.010 Town of South Prairie Flood Damage Prevention Ordinance
15.16.020 Development in Flood Areas
15.16.010 Town of South
Prairie Flood Damage Prevention Ordinance:
A. The Town of South Prairie Flood Plain Management Measures Ordinance (#134), as it is now written or will later be amended, is hereby adopted by reference as part of this ordinance.
B. The Flood Damage Prevention Ordinance sets up specific standards for structures located in areas subject to the 100-year flood and specific provisions for substantial improvements to or construction of new structures in areas subject to the 100-year flood.
15.16.020 Development in
Flood Areas:
A. Persons proposing development within flood areas must comply with the requirements of the most recent update of the Critical Areas and Natural Resource Lands Ordinance (#235) in addition to the regulations of this ordinance.
B. When work in or near water is proposed, a JARPA (Joint Aquatic Resource Permits Application) form must be submitted.
Sections:
15.18.010 Town of South Prairie Critical Areas
Ordinance
15.18.020 Development in Critical Areas
15.18.010 Town of South
Prairie Critical Areas Ordinance:
A. The Town of South Prairie Critical Areas and Natural Resource Lands Ordinance (#235), as it is now written or will later be amended, is hereby incorporated by reference as part of this ordinance. In addition, the following ordinances are also incorporated by reference, as they are now written or later amended: Geologically Hazardous Areas (#236), Aquifer Recharge Areas (#237), Fish and Wildlife Habitat Areas (#238), Agricultural Lands (#240), Forest Lands (#241), Property Adjacent to Designated Resource Lands (#242), Mineral Resource Lands (#243), and the Wetlands Protection Ordinance (#244).
B. The Critical Areas Ordinance sets up specific standards for development in critical areas.
15.18.020 Development in
Critical Areas:
A. Persons proposing development in critical areas must comply with the requirements of the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife service, and the Washington State Department of Ecology, in addition to the regulations of this ordinance.
B. When work in or near water is proposed, a JARPA (Joint Aquatic Resource Permit Application) form must be submitted.
Chapter 15.20
CLEARING, GRADING, FILLING, AND DRAINAGE
REGULATIONS
Sections:
15.20.010 Purpose
15.20.020 Definitions
15.20.030 Clearing
and Grading - Permit Required
15.20.040 Permit
Exemptions
15.20.050 Permit
Application
15.20.060 Plans
and Specifications
15.20.070 Additional
Application Information
15.20.080 Review
Criteria
15.20.090 Standards
15.20.100 Conditions
15.20.110 Maintenance
Responsibilities
15.20.120 Permit
- Issuance - Expiration - Extension
15.20.130 Permit
Fees
15.20.140 Security
15.20.150 Insurance
15.20.160 Inspections
15.20.170 Suspension
of Permits
15.20.180 Completion
of Work
15.20.190 Posting
of Permit
15.20.200 Administration
and Enforcement
15.20.210 Appeals
15.20.220 Clearing,
Grading, Filling, and Drainage Rules and Guidelines
15.20.230 Other
Laws
15.20.240 Removal
of Dirt, Debris, or Other Material - Sanctions
15.20.250 Public
Nuisance
15.20.260 Penalty
15.20.010 Purpose:
This
Chapter is adopted for the following purposes:
A.
To promote, protect, and preserve
the public interest by establishing standards for and regulating land
alteration, particularly the clearing, grading, filling, and/or drainage of
land in the Town without preventing the reasonable use of land;
B.
To regulate land-disturbing
activity for control of erosion, sedimentation, stormwater runoff, water
pollution, vegetation removal, and landslide in order to minimize damage to
public and private property,
C.
To promote building and site
planning practices that are consistent with the Town's natural topography,
soils, and vegetation features and which implement the Ilwaco Comprehensive
Plan and the Washington State Environmental Policy Act,
D.
To minimize hazards to life,
health, and property;
E.
To require that development of
environmentally sensitive lands be accomplished in a manner which protects
those areas from damage or degradation and which promotes the health, safety,
and welfare of the public.
Notwithstanding
the above-stated purposes, nothing in this Chapter is intended to or shall be
deemed to create a duty of the Town to protect or promote the interests of any
particular person or class of persons.
Further, the existence of these regulations or any failure, refusal, or
omission of the Town to enforce any provision in this Chapter is not intended
to prevent, supplant, or affect the right of any person affected by the
clearing, grading, filling, and/or drainage operations of another to invoke
such private remedies as may be available against such other persons.
15.20.020 Definitions:
For
the purposes of this Chapter, the following definitions describe the meaning of
the terms used:
A.
Accelerated Erosion means any increase over the rate of
natural erosion as a result of land disturbing activity.
B.
Approval means approval by the Town Engineer.
C.
Buffer zone means a parcel or strip of land that is required
to permanently remain in an undisturbed and untouched condition and within
which no building, clearing, grading, or filling is permitted, except for minor
maintenance necessary to protect life and property.
D.
Clearing means the removal of timber, brush, grass, ground
cover, or other vegetative matter from a site, which exposes the earth's
surface on the site or results in the loss of forested areas.
E.
Clearing and Grading Permit means the written permission of
the Town to the applicant to proceed with the act of clearing, grading,
filling, and/or drainage which could disturb the land surface.
F.
Director means the Director of Public Works or an authorized
agent of the Public Works Department.
G.
Engineer means a professional civil engineer, licensed by
and in good standing in the State of Washington.
H.
Environmentally Sensitive Lands include, but are not limited
to, lands identified as environmentally sensitive or critical areas by the Town
in accordance with the provisions of the State Environmental Policy Act and the
Growth Management Act.
I.
Erosion means the land or ground surface is being worn away
by the action of wind, water, ice, gravity, or any combination thereof.
J.
Filling means the act of transporting or placing (by any
manner or mechanism) fill material from, to, or on any soil surface, natural
vegetative covering of soil surface, or fill material (including temporary
stockpile of material).
K.
Grading means any act, which changes the grade or elevation
of the ground surface and for the purposes of this Chapter also includes the
excavation and removal of earth material.
L.
Land-disturbing Activity means any use of the land that
results in change in the natural cover or topography or may cause or contribute
to erosion or sedimentation.
M.
Sedimentation means the process of deposition of soil and
organic particles displaced, transported, and deposited by erosive processes.
15.20.030 Clearing
and Grading Permit Required:
A.
No person, corporation, or other
legal entity shall make changes or cause changes to be made in the surface of
any land by clearing, grading, filling, or drainage alteration in the Town
without having first obtained a valid clearing and grading permit from the Town
Engineer; except for those activities that are exempt as described in Section
15.20.040.
B.
Permits are not transferable,
unless approved in writing by the Town Engineer. The transfer will only be approved when the
new applicant has demonstrated that it can and has complied with the conditions
of the permit.
15.20.040 Permit
Exemptions:
The
Town Engineer shall issue written permit exemptions. The following shall be exempt from the permit
requirements of this Chapter, provided that the exemptions set forth in
Subsections F, G and H, shall not apply in situations where properties include
environmentally sensitive areas:
A.
Clearing of less than 5,000 square feet
of land.
B. Earthwork of less than 50 cubic
yards. This means any activity, which
moves less than 50 cubic yards of earth, whether the material is excavated or
filled and whether the material is brought into the site, removed from the
site, or moved around on the site.
C. Land
clearing, grading, filling, sandbagging, diking, ditching, or similar work
during or after periods of extreme weather or other emergency conditions which
have created situations such as flooding or high fire danger that present an
immediate danger to life or property;
D. Land
clearing necessitated by order of the Town Council related to the abatement of
a public nuisance where the Town administers the work,
E. Removal
of 12 or less trees that are six-inch diameter or smaller. The tree diameter is measured four feet from
the ground.
F. The
clearing by a public agency or a franchised utility within a public
right-of-way or upon an easement, for the purpose of installing and maintaining
water, storm, sewer, power, cable, or communication lines;
G. If
a building permit is issued, no additional clearing, grading, or filling permit
or associated fee will be required; provided that the standards established in
this Chapter and pursuant hereto shall be applied to the issuance of said
building permit;
H. Work,
when approved by the Town Engineer, in an isolated, self-contained area, if
there is no danger to private or public property.
15.20.050 Permit
Application:
An
application for a clearing and grading permit shall be submitted on a form
provided by the Town and identifying the property and owner. Other information may be required by the Town
Engineer to carry out the provisions of this Chapter.
15.20.060 Plans
and Specifications:
Each
application shall be accompanied by a minimum of three (3) sets of plans and
specifications, including calculations.
A person familiar with the site shall prepare the plans and
specifications. For more complicated
sites, the Town Engineer may require that the plans and specifications be
prepared by an appropriate qualified professional who shall have his/her
signature and stamp affixed to each set.
The plans and specifications may include the appropriate information
from the following:
A.
An accurate plan of the entire site
as it exists at the time of the application, which includes:
1. All property lines;
2. Contours over the entire site
(five-foot contour intervals are standard, but other intervals may be required
in specific circumstances);
3. The date, basis, and datum of the
contours;
4. A graphic representation of existing
vegetation on the site designated by its common names, the amount of bare
ground, and the amount and type of impervious material (rock and artificial);
5. The location of all existing drainage
facilities, natural and man-made;
6. The location and estimated capacity of
any areas, which impound surface water;
7. The location and estimated discharge of
all visible springs;
8. The location of all structures,
utilities, and their appurtenances, including structures and utilities on
adjacent properties when such information is reasonably available;
9. Date, north arrow, and adequate scale
as approved by the Town Engineer on all maps and plans;
10. Identification of mitigation measures for
on-site areas, which are subject to severe erosion, and off-site areas, which
are especially vulnerable to damage from erosion and/or sedimentation.
B.
The proposed work schedule, which
details the following:
1. Sequence for clearing, grading,
filling, drainage alteration, and other land-disturbing activities,
2. On-site soil or earth material storage
locations and source of import materials, and location of the site where spoils
will be disposed;
3. Schedule for installation and removal
of all interim erosion and sediment control measures, including vegetative measures,
4. Schedule for construction of final
improvements, if any,
5. Schedule for the installation of
required permanent erosion and sediment control devices,
6. An outline of the methods to be used in
clearing vegetation and in storing and disposing of the cleared vegetative
matter.
C.
An accurate finished grading plan
of the entire site, as it would appear after the completion of work covered by
the permit, showing the following:
1. The finished contours achieved by
grading (at the same intervals as the existing contours);
2. The boundaries of all areas to remain
undisturbed, and identification and the location of all other vegetation shown
on the plan that will remain after the completion of work;
3. Drainage and related facilities to be
constructed with and as a part of the proposed work;
4. Boundaries of all areas where surface
water runoff will be retained, detained, or infiltrated,
5. The method for discharging surface
water off-site, including the provisions required to control the velocity and
direction of discharge to protect downstream properties,
6. The location of building setback lines,
and approximate limits of cuts and fills, including but not limited to
foundations, retaining walls, and driveways,
7. Location and dimensions of buffer zones
and other areas to be maintained or established;
8. The location and description of
proposed erosion and sedimentation control devices or structures and schedule
of maintenance;
9. Off-site grading shall be noted on the
plans, and a dated letter of permission from the property owner of the land
affected shall be provided and noted on the plans.
15.20.070 Additional
Application Information:
The
Town Engineer may require the applicant to submit additional information when
he finds the submitted plans and specifications and associated information are
not clear enough to allow for an adequate determination, or when special
conditions are found to exist which require specific explanation. This additional information may include, but
is not limited to, the following:
A.
Hydrologic and hydraulic
computations of expected storm runoff entering and leaving the site for pre-
and post-development conditions;
B.
Engineering geology and soils
reports as needed for hydrology, hydraulics, and erosion control design,
C.
Erosion and Sediment Control Plan
and supporting calculations;
D.
An engineer's cost estimate of the
drainage facilities and final erosion and sediment control when such
information is necessary for bonding purposes;
E.
Inspection and maintenance
agreement;
F.
Letters of Permission: The affected property owner(s) shall provide
a dated letter of permission in support of the off-site grading,
G. A copy of the Hydraulic Permit
Application issued by the Washington Sate Department of Fisheries, if it is
required.
15.20.080 Review
Criteria:
The
Town Engineer shall review the permit application for compliance with all Town
ordinances, adopted standards, requested additional data, and Comprehensive
Plans.
15.20.090 Standards:
No
land-disturbing activity subject to the control of this Chapter shall be
undertaken except in accordance with the following mandatory standards:
A.
Protection of property: Persons and entities conducting
land-disturbing activities shall take all reasonable measures to protect all
public and private property from damage caused by such activities.
B.
Wetland buffer zone: No land-disturbing activity shall be
permitted in an approved wetland buffer zone, except as otherwise allowed by
applicable laws and permits.
C.
Graded slopes and fills: The angle for graded slopes and fills shall
be no greater than the angle, which can be retained by vegetative cover or
other adequate erosion control devices or structures.
D.
Ground cover: No land-disturbing activity shall be
undertaken until installation of sufficient erosion and sediment control
devices to retain the sediment generated by the activity within the boundaries
of the tract during construction upon and development of said tract. Plantings or a permanent ground cover shall
be provided immediately after completion of grading to sufficiently restrain
erosion.
E.
Use of vegetative measures: Vegetation measures using native plants shall
be used for erosion and sediment control wherever feasible, rather than
structural measures such as pipes, structures, or other devices.
F.
Environmentally sensitive
areas: Construction within
environmentally sensitive areas shall be in compliance with Chapter 18 and
shall be subject to the review of the Planning Director.
15.20.100 Conditions:
In
granting any clearing and grading permit, the Town Engineer may attach the
conditions reasonably necessary to prevent erosion and sedimentation. Such conditions may include, but are not
limited to, installing walls, swales, drains, retention facilities, or other
structures; planting appropriate vegetation; installing erosion and sediment
control measures or devices; furnishing necessary letters of permission and/or
easements; and specifying method of performing the work. Such items must be
identified on the approved grading, erosion, and sediment control or other
required plans. In addition, the
following shall be conditions of all permits:
A.
Notify the Town forty-eight (48)
hours before commencing any land-disturbing activity.
B.
Notify the Town of completion of
any control measures within forty-eight (48) hours after their completion.
C.
Obtain permission in writing from
the Town prior to modifying any of the plans.
D.
Install all control measures as
identified in the approved plans.
E.
Maintain all road drainage
systems, stormwater drainage systems, control measures, and other facilities
identified in the plans.
F.
Repair siltation or erosion damage
to adjoining surfaces and drainage ways resulting from land developing or
disturbing activities.
G.
Inspect the erosion construction
control measures at least once each week during construction after each rain of
0.5 inches or more (over a 24-hour period), and immediately make any needed
repairs.
H.
Allow the Town to enter the site
for the purpose of inspecting compliance with the plans or for performing any
work necessary to bring the site into compliance with the plans.
I.
Keep an up-to-date, approved copy
of the plans on the site.
J.
Ensure that all workmanship and
materials are in accordance with Town standards and the most recent edition of
the Washington State Specifications for Road, Bridge, and Municipal
Construction.
15.20.110 Maintenance
Responsibilities:
A
maintenance schedule of constructed private facilities shall be developed for
facilities constructed and measures implemented pursuant to this Chapter. The schedule shall set forth the maintenance
to be completed, the time period for completion, and who shall perform the
maintenance. The schedule shall be
included with all required plans and permits and shall be recorded by the
property owner or agent with the County Auditor so that maintenance
responsibilities attach to the property and shall be the duty of the property
owner(s).
15.20.120 Permit
Issuance - Expiration – Extension:
A.
A clearing and grading permit shall
be issued only after compliance with the requirements of this Chapter and the
deposit with the Town Treasurer of permit fees for plan review, inspection, and
related expense.
B.
Any permit granted under this
Chapter shall expire one (1) year from the date of issuance; provided, however,
that the Town Engineer may set specific limits to the permit if it is advisable
to do so. Upon a showing of good cause,
a permit may be extended for one (1) twelve-month period.
15.20.130 Permit
Fees:
There
shall be a non-refundable fee in the amount necessary to compensate the Town
for the expense of reviewing and processing plans, conducting inspections,
providing for outside consulting services, and other services determined to be
necessary for the administration and enforcement of the provisions of this
Chapter. Such fees shall only apply when
plans or other documentation are required to be submitted with permit
applications for grading and filling or clearing and drainage activity, and no
building permit including such activities has been issued. The permit fee shall be paid at the time of
submitting plans and other documentation for review. After approval of the plans and
specifications, the Town Engineer shall provide the applicant with an estimate
of the construction inspection fee, based upon the inspections, which will be
necessary. Such inspection fee shall be separate from the above plan review
fees. A permit for construction will be
issued only after the deposit of the inspection fee has been made with the Town
Treasurer. If the Town Engineer
determines that the remaining funds on deposit are not adequate to pay for the
inspections required for project completion, the applicant will be so notified
and provided with an estimate of the amount of additional fee deposit
required. This additional fee shall be
deposited with the Town Treasurer prior to depletion of the funds on
deposit. Any monies unexpended from the
deposit shall be refunded to the depositor upon final completion and acceptance
of the project.
15.20.140 Security:
The
Town Engineer may require the applicant to furnish security in the form of a
bond, cash escrow account, an irrevocable letter of credit, or other security
which may be acceptable to the Town in its sole discretion, in an amount
determined by the Town Engineer to be sufficient to reimburse the Town if it
should become necessary for the Town to enter the property to correct hazardous
conditions relating to soil stability, erosion, or environmental damage caused
by failure to complete the work or improper action.
15.28.150 Insurance:
If,
in the opinion of the Town Engineer, the nature of the work is such that it may
create a hazard to human life or endanger streams or public or private
property, then the Town Engineer may, before issuing the permit, require that
the applicant file a certificate of insurance.
The certificate must provide to the Town satisfactory proof of the
existence of a comprehensive liability insurance policy, in an amount and form determined
necessary by the Town Engineer or the Town Attorney, but in no event providing
coverage of less than two hundred thousand dollars ($200,000) for personal
injury to any one person, five hundred thousand dollars ($500,000) for injury
to more than one person arising out of the same incident, and one hundred
thousand dollars ($100,000) for property damage, against claims arising
pursuant to permits issued under this Chapter, whether the performance be by
the applicant, a subcontractor of the applicant, or any person directly or
indirectly employed by the applicant.
The Town Engineer in accordance with the nature of the risks involved
may require additional amounts of insurance.
Insurance must be written by a company licensed to do business in the State
of Washington.
15.20.160 Inspections:
A.
All projects, which include
clearing, grading, filling, or drainage, shall be subject to inspection by the
Town Engineer or his designee, who shall be granted reasonable right of entry
to the work site by the permittee. When
required by the Town Engineer, special qualified professionals employed by the
permittee shall perform inspection and/or testing of the grading
operations. Inspections in conjunction
with Hydraulic Permits will be performed and enforced by the Washington State
Department of Fisheries or Wildlife.
B.
Each site that has approved
grading, erosion and sediment control or other required plans must be inspected
as necessary to ensure that the sediment control measures are installed and
effectively maintained in compliance with the approved plan and permit
requirements. Where applicable, the
permittee must obtain inspection by the Town at the following stages:
1. Following the installation of sediment
control measures or practices and prior to any other land-disturbing activity,
2. During the construction of sediment
basins or stormwater management structures;
3. During rough grading, including hauling
of imported or wasted materials,
4. Prior to the removal or modification of
any sediment control measure or facility; and
5. Upon completion of final grading,
including establishment of ground covers and planting, installation of all
vegetative measures, and all other work in accordance with an approved plan or
permit.
C.
The permittee may secure the
services of an engineer, subject to the approval of the Town Engineer, to
inspect the construction of the facilities and provide the Town with a fully
documented certification that all construction is done in accordance with the
provisions of an approved, grading, erosion and sedimentation control or other
required plan, applicable rules, regulations, permit conditions, and
specifications. If inspection
certification is provided to the Town, then the normal inspections performed by
the Town for the permit may be waived.
In these cases, the Town shall be notified at the required inspection
points and may make spot inspections.
15.20.170 Suspension
of Permits:
The
Town Engineer may suspend or revoke a permit or issue a stop work order,
whenever he determines that:
A.
The act or intended act of
clearing, grading, or filling has become or will constitute a hazard to
persons; endangers property; adversely affects the safety, use or stability of
any public way, drainage facility, stream or surface water, including siltation
and sedimentation;
B.
The permittee has violated a
provision of the permit or of this Chapter or other Town ordinances,
C.
There are changes in site runoff
characteristics upon which a waiver was granted or permit was approved,
D.
Construction is not in accordance
with the approved plans and specifications,
E.
Noncompliance with correction
notice(s) or stop work order(s) issued for erosion or sediment controls.
15.20.180 Completion
of Work:
A.
Construction Changes: Whenever changes must be made to the
original, approved plan, the changes shall be submitted to and approved by the
Town Engineer in advance of the construction of those changes.
B.
Final Reports: Upon completion of the rough grading and at
the final completion of the work, the Town Engineer may require the following
reports, drawings, and supplements thereto to be prepared and submitted by the
owner and/or an appropriate qualified professional approved by the Town
Engineer:
1. An as-built grading plan, including
original ground surface elevations, final surface elevations, lot drainage
patterns, and locations and elevations of all surface and subsurface drainage
facilities.
2. A soils grading and/or geologic grading
report, including locations and elevations of field density tests and geologic
features, summaries of field and other laboratory tests, and other
substantiating data and comments or any other changes made during grading and
their effect on the recommendations made in the approved grading plan.
C.
Notification of Completion: The permittee or his/her agent shall notify
the Town Engineer when the grading operation is ready for final
inspection. Final approval shall not be
given until all work has been completed in accordance with the final approved
grading, erosion and sedimentation control, and other required plans, and the
required reports have been submitted and accepted.
15.20.190 Posting
of Permit:
No
work shall commence until the applicant has posted a permit, in a conspicuous
location, on the subject site. The
permit shall remain posted until the project has been completed and final
inspection approved.
15.20.200 Administration
and Enforcement:
The
Town Engineer is authorized and directed to administer and enforce the
provisions of this Chapter. For such
purpose, he shall have the powers of a police officer and may appoint and
deputize such officers, inspectors, assistants, and other employees as may be
necessary to carry out the duties and functions of his office and to provide
technical data for plans and on-site follow-up inspections to assure
implementation of required plans and specifications; except that enforcement of
Hydraulic Permits shall be performed by the Department of Fisheries.
15.20.210 Appeals:
Any
person or persons aggrieved by any action of the Town Engineer pursuant to the
provisions of this Chapter may file an appeal with the Construction Code Board
of Appeals.
15.20.220 Clearing
and Grading Rules and Guidelines:
Clearing
and grading and related storm water management and administrative rules and
guidelines shall be developed, updated, administered, enforced, and may be
appealed in the same manner as the Urban Services Standards and
Guidelines. These rules and regulations
shall be filed with the Town Clerk, and shall be made available to the general
public. Such rules and guidelines shall
apply to all clearing, grading, filling, and drainage activities in the Town,
including activities for which permits are required and activities, which are
exempt from the permit requirements of this Chapter
15.20.230 Other
Laws:
A.
Whenever conflicts exist between
Federal, State, or local laws, ordinances, or rules, the more restrictive
provision shall apply.
B.
Neither this Chapter nor any
administrative decision made under it:
1. Exempts the permittee from procuring
other required permits or complying with the requirements and conditions of
such a permit; or
2. Limits the right of any person to
maintain against the permittee at any time, any appropriate action, at law or
in equity, for relief from damages caused by the permittee arising from the
permitted activity.
15.20.240 Removal
of Dirt, Debris, or Other Material - Sanctions.
A.
Whenever property damage is
occurring or imminent as a result of an activity inconsistent with the purpose
and intent of this Chapter, as determined by the Town Engineer, the offending
person, company, or firm shall, after notice of clean-up by the Town Engineer,
remove such material or make necessary revisions, as instructed by the Town
Engineer, to remove the cause of the offending activity.
B.
If the person, company, or firm
does not take the action ordered by the Town Engineer, such offending party
shall be guilty of a civil infraction and shall be punished as set forth in
Section 15.20.260. In addition, the Town
Engineer may cause the debris and other materials to be cleaned up and/or the
activity altered. All expenses of such
work, including the costs of litigation, if necessary, and administrative costs
shall be chargeable to the owner or other person having charge of or having
ordered the activity.
15.20.250 Public
Nuisance:
Any
violation of the provisions of this Chapter is declared to be a public nuisance
and may be abated through proceedings for injunction or similar relief in
superior court or other court of competent jurisdiction.
15.20.260 Penalty:
Any
person, firm, or corporation, violating any of the provisions of this Chapter,
shall be deemed guilty of a separate offense for each and every day or portion
thereof during which any violation of any of the provisions of this Chapter is
committed, continued, or permitted. Each
such offense shall be punishable by a maximum civil fine of Five Hundred
Dollars ($500).