[Ord. No. 2006.19 §1, 6-12-2006]
A.
When Required. The following activities shall not hereafter
occur on any site without obtaining a permit from the Building Official
in accordance with this Chapter.
1.
Land disturbance or the removal or destruction of five thousand (5,000)
square feet of tree canopy coverage or more within a one (1) year
period.
2.
Excavation or fill of more than twenty-five (25) cubic yards for
sites of twenty thousand (20,000) square feet or less or more than
fifty (50) cubic yards for sites in excess of twenty thousand (20,000)
square feet.
B.
Exceptions. Except for any grading or clearing in anticipation
of or in preparation for construction of buildings or any construction
or development that would require rezoning, site plan approval or
amendment or subdivision of the land, a grading permit shall not be
required in the following instances:
1.
Minimum necessary clearing and grading for the foundation or basement
of any building, structure or swimming pool for which a building permit
has been duly issued; provided that any prior approved grading or
tree preservation plan shall continue to be followed.
2.
Excavation or fill of less than twenty-five (25) cubic yards for
sites of twenty thousand (20,000) square feet or less or less than
fifty (50) cubic yards for sites in excess of twenty thousand (20,000)
square feet provided such grading is clearly incidental to the improvement
of the property; provided that any prior approved grading or tree
preservation plan shall continue to be followed.
3.
Grading of land for bona fide farming, nurseries, landscaping or
gardening or similar agricultural or horticultural use whenever there
is substantial compliance with recommendations or standards of the
local soil conservation authority or for private road maintenance,
removal of brush (brush hogging) and normal lawn maintenance activities.
4.
Grading and clearing activities in public rights-of-way covered by
an appropriate right-of-way permit.
5.
Land disturbance solely for residential purposes on any lot containing
a single-family residence for which occupancy has commenced and is
ongoing, provided appropriate measures are taken to prevent increased
site erosion, water runoff, siltation or other damage to neighboring
property. Where it is determined that such erosion measures are not
being taken, the Building Official may revoke application of this
exemption to the subject site.
6.
The removal of diseased or dead trees and trees which have been declared
a public nuisance by the Building Official.
C.
Consistency With Approval Plan Or Plat. The removal of trees
or grading in preparation for any development requiring a rezoning,
conditional use permit, site plan or subdivision of land shall be
consistent with and shall not be approved until such subdivision preliminary
plat has been approved or, where no subdivision is required or contemplated
for the development, upon approval of the rezoning, conditional use
permit or site plan. An application for a tree removal or grading
permit shall be in writing on forms provided by the Building Official
and filed with the official.
D.
Application Requirements. A tree removal-grading permit
may be obtained by the Building Official or his authorized designee.
Unless waived by the Building Official, the application shall be accompanied
by duplicate copies of the following documents and information:
1.
Contoured development map showing existing contours at five (5) foot
intervals of the site and proposed contours after completion of the
proposed grading and development, based on United States Geological
Survey datum, with established elevations at buildings, walks, drives,
street and roads; and information on necessary clearing and grubbing,
removal of existing structures, excavating, filling, spreading and
compacting; the development map shall be prepared and sealed by a
licensed professional engineer unless waived by the Building Official;
2.
An accurate plot plan showing the location of the grading and tree
removal activity, a description of the type and features of the soil
and details of all structures, walls, cribbing and surface protection;
3.
A tree survey and tree preservation plan showing the location, caliper
and species of all trees to be removed and those being preserved.
The tree survey and tree preservation plan can be on the same plan;
4.
Name and address of owner;
5.
Site address;
6.
Estimated grading quantity;
7.
Details of site drainage system;
8.
Details of site erosion and siltation control, including siltation
basins;
9.
Construction access to site;
10.
Location of temporary off-street parking;
11.
The estimated schedule of operations, including the dates of starting
and completion of grading work;
12.
Sources of off-site fill material or spoil sites. All information
relative to haul routes, trucks and equipment; and
13.
A recent aerial photograph or a detailed topographical map showing
tree canopy in the same scale as the site plan.
E.
Fee Required. An applicant shall pay a permit fee with the
application in such amount as established by the Board of Aldermen
to defray the costs of inspections, plan reviews and other administrative
costs of issuing permits under this Chapter.
F.
Mandatory Pre-Issuance Meeting. Prior to the issuance of
a grading permit, the applicant and person supervising the actual
grading shall meet with the Building Official or his designee to discuss
the requirements of the grading plan, grading permit and the methods
to be utilized for erosion control.
G.
Review And Approval. All tree removal-grading permit requests
shall be reviewed and approved by the Building Official. The Building
Official may refer the item to the Planning and Zoning Commission
for final approval.
H.
Appeals. In the event the Building Official or Planning
and Zoning Commission deny a tree removal-grading permit application,
the applicant may appeal such decisions to the Board of Adjustment.
I.
Verification Of Compliance. Upon completion of tree removal
and grading, the permittee shall submit to the Building Official verification
that clearing and grading was performed as specified in the application
and requirements approved by the tree removal-grading permit.
[Ord. No. 2006.19 §1, 6-12-2006]
A.
For
sites that require a tree removal-grading permit, no more than fifty
percent (50%) of all deciduous shade trees having a caliper of eight
(8) inches DBH or thirty percent (30%) of all evergreen trees having
a caliber of six (6) inches DBH shall be cleared. All remaining trees
shall be protected from construction activities and maintained as
woodlands. The Board of Aldermen may authorize alternative tree preservation
plans where circumstances justify alternative compliance or where
tree preservation requirements herein would present a hardship.
B.
To
the extent possible, channel development into areas that are already
disturbed.
C.
Preserve
patches of high quality habitat, as large and circular as possible,
feathered at the edges and connected by wildlife corridors.
D.
For
sites that require tree preservation, the developer shall post a surety
or cash escrow for the benefit of the City to account for trees that
die or are damaged beyond repair as a result of grading or construction
damage within a two (2) year period after the issuance of final occupancy
permits. The amount of the surety required shall be in the amount
of one thousand dollars ($1,000.00) for each acre of the tree preservation
area or ten thousand dollars ($10,000.00), whichever is greater.
E.
Prior
to issuing any occupancy permits, should any reserved tree die or
become damaged as a result of grading or construction, it shall be
the developer's responsibility to replace said trees. In the event
the trees are not replaced, the City shall be entitled to proceed
against the surety, letter of credit or cash escrow. The value of
the trees will be determined using the International Society of Arboriculture's
methodology of tree appraisal which is available at www.isa-arbor.com.
The City may withhold any occupancy permit until the site is brought
into compliance with this Section.
Within two (2) years after the occupancy permit is issued, the
developer shall replace any protected trees that die or are damaged
beyond repair as a result of grading or construction damage as determined
by the administrative officer. The number of replacement trees is
determined by matching the combined caliper of trees to be planted
with the diameter (DBH) of trees that were lost. Failure to plant
successfully shall constitute default and the City shall be entitled
to proceed against the surety, letter of credit or cash escrow.
[Ord. No. 2006.19 §1, 6-12-2006]
A.
Standards — Safety Precaution. A permit shall be issued
and shall remain in force only upon compliance with the following
requirements:
1.
Surface waters — damage. Adequate provision
shall be made to prevent any surface waters from damaging the cut
face of an excavation or the sloping surface of a hill.
2.
Retaining walls. Retaining walls shall be required
whenever deemed necessary by the Building Official to prevent the
surface of any excavation or fill from exceeding at any point the
maximum allowable slopes as set forth herein.
3.
Drainage. All drainage provisions shall be of such
design to carry surface waters to the nearest practical storm drain
or natural watercourse as approved by the Building Official as a suitable
place to deposit and receive such waters. Where possible, water shall
be dispersed by convex surfaces to dissipate water energy and velocity
and disperse volume over a greater surface area before being carried
to a storm drain or watercourse.
4.
Protection of streets, property. No excavation shall
be made so close to the property line to endanger any adjoining public
or private street without supporting and protecting such public or
private street or property from settling, cracking or other damage.
5.
Fill location. No fill shall be made so as to cause
or to allow the same to be deposited upon or to roll, flow or wash
upon or over the premises of another without the express written consent
of the owner of such premises so affected; or upon or over any public
street, walk, place or way; nor so close to the top of a bank of a
channel as to create the possibility of bank failure and sliding.
6.
Materials. Materials for fills shall consist of
material obtained from excavation of banks, borrow pits or other approved
source. Material shall be free of vegetable matter and deleterious
material and shall not contain large rocks or lumps.
B.
Minimum Standards — Land Disturbance. Unless modified as may be permitted pursuant to Subsection (D) or by provisions of Subsection (B)(2) hereof, minimum standards for land disturbance shall be as follows:
1.
No land disturbance shall occur within fifty (50) feet of any creek,
stream, water runoff channels, slopes of twenty-five percent (25%)
or greater or in other areas determined by the Building Official or
his/her designees to be highly sensitive or subject to erosion or
flooding, except as necessary for construction pursuant to an approved
final site plan, planned zoning development or conditional use permit
specifically authorizing the modification of this standard and necessitating
exception to this minimum standard. If grading disturbs one (1) acre
or greater, a land disturbance permit shall be obtained from the Department
of Natural Resources as provided by law.
2.
No land disturbance shall occur on terrain that does not satisfy
the minimum standards for excavation or fill, except as necessary
for construction pursuant to an approved final site plan, planned
zoning development or conditional use permit specifically authorizing
the modification of this standard and necessitating exception to this
minimum standard.
3.
No land disturbance shall occur which shall cause a nuisance to any
adjoining property owner or which shall violate any Federal, State
or local law or regulation. The Building Official, in conjunction
with the public works officials, shall establish regulations for the
granting of permits so as to enforce this Chapter and ensure that
any grading is completed with minimum erosion or other negative impact
on the site or surrounding areas or the community.
C.
Minimum Standards — All Grading. All grading shall
comply with the restrictions and prohibitions set forth in the Subdivision
Code, all requirements of the Zoning Code and other Federal, State
and local regulations pertaining to the site development. No grading
or occupancy permit shall be issued on any site where there is an
existing uncured violation of any provision of the zoning, subdivision
or other development regulations of the City of Desloge.
D.
Modifications. Any party seeking a permit may request a modification of any of the minimum standards set forth in Subsections (B) or (C) hereof by filing a written request with the Building Official specifically identifying:
1.
Unique or unusual characteristic(s) of the site, not generally applicable,
that eliminate the need for full application of the standard, or
2.
The precise mitigation proposed that would fully rectify the harms
addressed by the minimum standard to be modified.
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The Building Official may make such modification upon a determination
that such facts exist qualifying for such modification; provided that
no modification shall be permitted that shall circumvent any other
applicable regulation or the intent of these minimum standards to
eliminate the detrimental impact of grading addressed by each such
standard.
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E.
Compaction. All fills intended to support buildings or structures,
sewers and conduits shall be compacted to a minimum of ninety percent
(90%) compaction as determined by Modified Proctor, ASTM D-1775. Compaction
of fills for these uses must be certified by a registered professional
engineer at the owner's expense. Frequency of compaction tests is
to be determined by the Building Official. Compaction of other fills
shall be required where necessary as a safety measure to aid in preventing
the saturation, slipping or erosion of the fill. The requirements
of the Building Official for the compaction of fills shall include,
but shall not be limited to, the following:
1.
Areas to be graded by cutting or filling shall be rough graded to
within two-tenths (0.2) of a foot of accepted elevation after allowance
has been made for thickness of topsoil, paved areas and other installations.
2.
Grading of slopes will require silt fencing at intermediate levels
to slow surface water, prevent rutting and decrease erosion.
3.
Grading sites will require silting basins to prevent mud from washing
onto adjacent properties.
4.
Frozen materials or soft, mucky, friable, easily compressible materials
shall not be incorporated in fills intended to support buildings,
structures, sewers or conduits or in the embanked ends of fills. In
heavy rain, interrupted work shall not be resumed until moisture content
is satisfactory. Fill material shall not be placed, spread or rolled
while the ground is frozen or thawing.
5.
The maximum uncompacted thickness of layers of the fill to be compacted
shall not exceed eight (8) inches, unless otherwise approved.
6.
Compaction shall be by tamping, foot rollers, multiple wheel pneumatic
or other type rollers. Rolling shall be continuous until the desired
maximum density is obtained.
7.
Topsoil disturbed by grading or building operations shall be stripped
and piled for storage in an amount necessary to complete finished
grading only.
F.
Removal Of Timber, Rubbish, Etc. Excluding trees that are
required to be preserved, all other timber, logs, trees, brush, vegetable
matters and rubbish shall be removed and disposed of so as to leave
the disturbed area with a neat and finished appearance. Tree stumps,
masonry and other obstructions shall be removed to the following depths:
1.
Paved areas. Two (2) feet below subgrade.
2.
Lawn areas. Two (2) feet below finished grade.
3.
Solid rock, shale or similar materials shall be removed to a depth
of fifteen (15) inches below subgrade for paved area and two (2) feet
below finish grade for lawn area except where it is impractical because
of rock outcropping.
G.
Inspections. Inspections may be made by the Building Official
during each stage of fill operations and final approval shall be required
upon completion of operations. Applicant shall notify the City upon
commencement of the following when and as completed: rough grading;
finish grading before seeding; and all re-establishment and construction
work.
H.
Use Of Streets During Grading. As part of the permit application,
but at least two (2) working days prior to the use of any street in
the City by trucks or hauling or grading equipment engaged in grading
operations in the City that requires the use of the streets of the
City, the contractor in charge shall make a written report to the
Building Official specifying the kind and description of trucks or
hauling or grading equipment and the loaded and unloaded weight of
trucks and hauling equipment and the number of each and the length
of time they will be required to use the streets of this City and
the routes proposed. Before construction actually commences or while
the work on the streets is in progress, the Building Official may
require any contractor or subcontractor to post surety bond or insurance
with the City to guarantee the City for compensation for any damage
to streets, curbs, sidewalks, trees, landscaping or other public facilities.
The contractor shall be charged with the duty of seeing that the trucks
or equipment use only the route or routes designated by the Building
Official.
I.
Condition Of Streets.
1.
Photographs. It shall be the duty of the Building
Official, immediately prior to the time of designating the route or
routes or alternate route or routes as provided herein, to examine
the condition of the streets to be used and to take photographs of
the streets, showing the condition of the pavement, curbs, sidewalks
and other physical features, which shall be dated and a memorandum
made of the location shown by each photograph. Within five (5) days
after termination of the use of the streets as herein provided, it
shall be the duty of the Building Official to have additional photographs
made and proper descriptive matter included therewith.
2.
Inspection. In addition to the taking of photographs
before and after construction, the Building Official shall cause a
thorough inspection to be made of the condition of the pavement of
the streets designated and used under the permit, as well as the curbs
and sidewalks, and shall make written reports of his/her findings,
including with his/her report after termination of the work his/her
estimate of the cost of restoring the street to its original condition
as well as any curbs or sidewalks.
J.
Damage To Streets, Etc. As a condition of use of the streets,
the permittee shall be liable to the City for unusual wear and tear
or damage to the streets, curbs and sidewalks resulting from such
usage and that acceptance of the route or routes by the contractor
shall constitute an agreement on his/her part to pay the reasonable
cost of restoring the streets, curbs and sidewalks, in question to
their original condition. Within thirty (30) days after termination
of the contractor's usage of said route or routes under the grading
permit, the contractor shall pay to the City an amount sufficient
to reimburse the City for the expense of restoring the streets, sidewalks
and curbs to their original condition.
[Ord. No. 2006.19 §1, 6-12-2006]
A.
Barriers At Construction Site. After new excavation or construction
is commenced on any lot or tract of land in the City and until sodding,
planting, concreting, paving or other final surfacing is in place
which will avoid washing or spreading of dirt and mud onto other property,
sidewalks, curbs, gutters, streets and the space between sidewalks
and curbs, the owner of the property or the contractor or builder
in charge of work shall erect and maintain temporary walls or other
approved barriers to prevent such washing or spreading of mud or dirt.
At the end of each day and as required throughout the day during the
course of excavating or construction, dirt and mud on the sidewalks,
curbs, gutters and streets and the space between sidewalk and street
resulting from work must be removed.
B.
Removing Mud From Vehicle Wheels. The owners, contractors,
subcontractors and builders, jointly and severally, shall provide
his/her personnel with shovels or other equipment as necessary to
remove dirt from the wheels of all vehicles leaving any grading site
where mud has accumulated on the wheels before such vehicles enter
any public or private street of the City. It shall be unlawful for
any owner, contractor or subcontractor or builder to permit any vehicles
to leave such place with mud on the wheels which is liable to be dispersed
over any public or private street of the City and it shall be unlawful
for any driver of a vehicle to enter upon the public or private streets
of the City without having removed or had mud removed from the wheels
prior to such entry. Each occurrence shall be a separate offense.
C.
Spilling Materials On Streets. The owners, contractors,
subcontractors and builders, jointly and severally, who may load dirt,
mud or other materials on any vehicle at any grading site in the City,
during construction or otherwise, shall so load the same that no portion
thereof shall be spilled or be liable to be spilled on the streets
of the City. It shall be unlawful for any such person to permit any
vehicle to enter upon the streets of the City loaded in violation
of this provision and it shall be unlawful for any driver to operate
a vehicle on the streets of the City which is loaded in such manner
that it spills or is liable to spill mud, dirt or other materials
on the streets.
D.
Boards Over Sidewalks. Boards, tracks or other protection
must be laid over sidewalks, curbs and gutters to avoid dirt and mud
accumulating therein as completely as possible and to prevent breakage
or damage to such installations of whatever material constructed.
Damage to walks, curbs and gutters will be repaired by the contractor
or the Building Official may cause to have them repaired at the contractor's
expense.
E.
Waste Material. During the course of construction or excavation,
owners, contractors and builders are required to clean up all paper,
refuse, sticks, lumber and other building waste and all other waste
material daily and to prevent the same from blowing or otherwise being
scattered over adjacent public or private property.
F.
Planting Ground. Vacant property and improved property,
immediately after grading and construction is completed, shall be
sodded, planted, concreted, paved or otherwise surfaced to avoid washing
or spreading of dirt and mud onto other property, sidewalks, curbs,
gutters, streets and the space between sidewalks and curbs prior to
issuing an occupancy permit.
G.
Grading. Grading, including operation or idling of equipment,
shall be accomplished only between the hours of 7:00 A.M. and sunset
on weekdays and 8:00 A.M. and sunset on Saturdays and Sundays, unless
in the case of emergency or a limited extension of hours is specifically
granted by the Building Official for cause.
H.
Noise. The permittee shall take appropriate measures to
reduce noise to the fullest extent practical in the performance of
the grading work.
[Ord. No. 2006.19 §1, 6-12-2006]
A.
All
violations shall be corrected within the time limit specified in the
issuance of a written notice to correct. Action to correct violations
which require immediate action shall be taken upon notification to
the contractor by the City. All persons failing to comply with oral
or written notice shall be deemed in violation of this Chapter. If
the action is not taken within the time period specified by the notice
and in addition to any other remedy available, the Building Official
may have the violation, including, but not limited to, the existence
of mud or debris on the public right-of-way, immediately remedied
and the City costs shall be reimbursed by the permittee through the
surety or otherwise.
B.
Any
usage of the permittee's surety shall be followed by a written explanation
by the Building Official or his/her designee describing the condition
corrected and the funds required to complete the corrective action.
C.
Nothing
in this Section shall prevent prosecution of violations of this Chapter
in the absence of or in addition to the issuance of a notice of violation.
D.
Violation
of any provision of this Chapter shall be a misdemeanor punishable
by a fine not more than five hundred dollars ($500.00) or by imprisonment
for a period not to exceed three (3) months, or by both fine and imprisonment.
Each day of violation shall constitute a separate offense.
[Ord. No. 2006.19 §1, 6-12-2006]
For the purposes of this Section, the following terms, phrases,
words and their derivations shall have the meanings given herein:
Any act by which earth, sand, gravel, rock or any other similar
material is cut into, dug, uncovered, removed, displaced, relocated
or bulldozed and shall include the conditions resulting therefrom.
Any act by which earth, sand, gravel, rock or any other similar
material is deposited, placed, pushed, pulled or transported to a
place other than the place from which it was excavated and shall include
the conditions resulting therefrom.
The excavation, fill or land disturbance or any combination
thereof and shall include the conditions resulting from any excavation,
fill or land disturbance.
Any removal or destruction of trees, ground cover or other
vegetation by means of heavy mechanized equipment (including all equipment
weighing in excess of one thousand eight hundred (1,800) pounds) or
by any means affecting an area of five thousand (5,000) square feet
or more in a period of one (1) year or less.
Any single or contiguous lots, tracts, projects or subdivisions
of land owned by a single person or by several persons acting jointly.
