Part 2

 

ENVIRONMENTAL REGULATIONS

 

 

 

 

 

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

 

STATE ENVIRONMENTAL POLICY ACT

 

 

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

 

SHORELINE MASTER PROGRAM

 

 

Sections:

 

15.14.010   Shoreline Master Program

15.14.020   Relation to RCW 36.70B

          15.14.030   Development in Shoreline Areas

 

 

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

 

DEVELOPMENT IN FLOOD AREAS

 

 

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.


 

Chapter 15.18

 

CRITICAL AREAS

 

 

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).