The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
As-graded.
The surface conditions extent on completion of grading.
Bedrock.
In-place solid rock.
Bench.
A relatively level step excavated into earth material on which fill is to be placed.
Borrow.
Earth material acquired from an off-site location for use in grading on a site.
Certification.
A written engineering or geological opinion concerning the progress and completion of the work.
Civil engineer.
A professional engineer registered in the state to practice in the field of civil works.
Civil engineering.
The application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works for the beneficial uses of mankind.
Compaction.
The densification of a fill by mechanical means.
Completed residential subdivision.
A subdivision in which more than 90 percent of the lots established pursuant to its original final plat contain a residence. For purposes of this definition, a replatted lot shall be considered to be part of the original final platted subdivision in which it was originally platted and shall not cause a subdivision to not be considered a completed residential subdivision.
Earth material.
Any rock, natural soil or fill and/or any combination thereof.
Engineering geologist.
A geologist experienced and knowledgeable in engineering geology.
Engineering geology.
The application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.
Erosion.
The wearing away of the ground surface as a result of the movement of wind, water and/or ice.
Excavation.
The mechanical removal of earth material.
Existing grade.
The grade prior to grading.
Fill.
A deposit of earth material placed by artificial means.
Finish grade.
The final grade of the site which conforms to the approved plan.
Grade.
The vertical location of the ground surface.
Grading.
Any excavating or filling or combination thereof.
Key.
A designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope.
Nuisance.
An obnoxious creation of dust and/or noise that interferes with the rights of nearby residential property owners.
Rough grade.
The state at which the grade approximately conforms to the approved plan.
Site.
Any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.
Slope.
An inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance.
Soil.
Naturally occurring surficial deposits overlying bedrock.
Soil engineer.
A civil engineer experienced and knowledgeable in the practice of soil engineering.
Soil engineering.
The application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof.
Terrace.
A relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.
(1966 Code, sec. 7-57; 2001 Code, sec. 22-636; Ordinance 12-2013, sec. 1(22-636), adopted 3/19/13)
The purpose of this article is to safeguard life, limb, property and the public welfare by regulating grading on private property.
(1966 Code, sec. 7-54; 2001 Code, sec. 22-637)
No person shall do any grading without first having obtained a grading permit from the building code administrator except for the following:
(1) 
Grading in an isolated, self-contained area if there is no danger or nuisance apparent to private or public property. Grading in a completed residential subdivision will not be considered to be in an isolated, self-contained area if the building code administrator determines that the grading constitutes a danger or nuisance to nearby properties and notifies the owner of the property being graded of the danger or nuisance.
(2) 
An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill excavation having an unsupported height greater than five feet after the completion of such structure.
(3) 
Cemetery graves.
(4) 
Refuse disposal sites controlled by other regulations.
(5) 
Excavations for wells or tunnels or utilities.
(6) 
Exploratory excavations under the direction of soil engineers or engineering geologists.
(7) 
An excavation which:
a. 
Is less than two feet in depth; or
b. 
Does not create a cut slope greater than five feet in height and steeper than 1½ horizontal to one vertical.
(8) 
A fill less than one foot in depth, and placed on natural terrain with a slope flatter than five horizontal to one vertical, or less than three feet in depth, not intended to support structures, which does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course.
(1966 Code, sec. 7-55; 2001 Code, sec. 22-638; Ordinance 12-2013, sec. 2(22-638), adopted 3/19/13)
(a) 
Permits required.
Except as exempted in section 22-638, no person shall do any grading without first obtaining a grading permit from the building code administrator. A separate permit shall be required for each site and may cover both excavations and fills.
(b) 
Application.
The provisions of section 106 of the building code adopted in section 22-26 shall be applicable to grading, and, in addition, the application for the permit shall state the estimated quantities of work involved.
(c) 
Plans and specifications.
When required by the building code administrator, each application for a grading permit shall be accompanied by two sets of plans and specifications, and supporting data consisting of a soil engineering report and engineering geology report. The plans and specifications shall be prepared and signed by a civil engineer when required by the building code administrator.
(d) 
Information on plans and in specifications.
Plans shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the sections of this Code and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the location of the work and the name and address of the owner and the person by whom they were prepared. The plans shall include the following information:
(1) 
General vicinity of the proposed site.
(2) 
Property limits and accurate contours of existing ground and details of terrain and area drainage.
(3) 
Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction.
(4) 
Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with or as a part of the proposed work together with a map showing the drainage area and the estimated runoff of the area served by any drains.
(5) 
Location of any buildings or structures on the property where the work is to be performed, and the location of any buildings or structures on land of adjacent owners which are within 15 feet of the property or which may be affected by the proposed grading operations.
Specifications shall contain information covering construction and material requirements.
(e) 
Soil engineering report.
The soil engineering report required by subsection (c) of this section shall include data regarding the nature, distribution and strength of existing soils; conclusions and recommendations for grading procedures and design criteria for corrective measures when necessary; and opinions and recommendations covering adequacy of sites to be developed by the proposed grading. Recommendations included in the report and approved by the building code administrator shall be incorporated in the grading plans or specifications.
(f) 
Engineering geology report.
The engineering geology report required by subsection (c) of this section shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed by the proposed grading. Recommendations included in the report and approved by the building code administrator shall be incorporated in the grading plans or specifications.
(g) 
Issuance; modification of grading operations, project designs.
The provisions of section 106 of the building code adopted in section 22-26 are applicable to grading permits. The building code administrator may require that grading operations and project designs be modified if delays occur which incur weather-generated problems not considered at the time the permit was issued.
(1966 Code, sec. 7-58; 2001 Code, sec. 22-639)
(a) 
The building code administrator may require bonds in such form and amounts as may be deemed necessary to ensure that the work performed pursuant to this article, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions.
(b) 
In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the building code administrator in an amount equal to that which would be required in the surety bond.
(1966 Code, sec. 7-59; 2001 Code, sec. 22-640)
Whenever the building code administrator determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb or endangers property or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located or other person or agent in control of such property, upon receipt of notice in writing from the building code administrator, shall, within the period specified in the notice, repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with this article.
(1966 Code, sec. 7-56; 2001 Code, sec. 22-641)
(a) 
Generally.
Unless otherwise recommended in the approved soil engineering and/or engineering geology report, cuts shall conform to this section.
(b) 
Slope.
The slope of cut surfaces shall be no steeper than is safe for the intended use. Cut slopes shall be no steeper than two horizontal to one vertical.
(c) 
Drainage and terracing.
Drainage and terracing shall be provided as required by section 22-645.
(1966 Code, sec. 7-60; 2001 Code, sec. 22-642)
(a) 
Generally.
Unless otherwise recommended in the approved soil engineering report, fills shall conform to this section. In the absence of an approved soil engineering report, this section may be waived for minor fills not intended to support structures.
(b) 
Fill location.
Fill slopes shall not be constructed on natural slopes deeper than two to one or where the fill slope toes out within 12 feet horizontally of the top of existing or planned cut slopes.
(c) 
Preparation of ground.
The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil and other unsuitable materials as determined by the soil engineer and, where the slopes are five to one or steeper, by benching into sound bedrock or other competent material.
(d) 
Fill material.
Earth materials which have no more than minor amounts of organic substances and have no rock or similar irreducible material with a maximum dimension greater than eight inches shall be used.
(e) 
Compaction.
All fills shall be compacted to a minimum of 90 percent of maximum density as determined by state Highway Department Test No. 113E. Field density shall be determined in accordance with such test No. 113E or equivalent as approved by the building code administrator.
(f) 
Slope.
The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than two horizontal to one vertical.
(g) 
Drainage and terracing.
Drainage and terracing shall be provided and the area above fill slopes and the surfaces of terraces shall be graded and paved as required by section 22-645.
(1966 Code, sec. 7-61; 2001 Code, sec. 22-643)
(a) 
The tops and the toes of cut and fill slopes shall be set back from property boundaries as far as necessary for safety of the adjacent properties and to prevent damage resulting from water runoff or erosion of the slopes.
(b) 
The tops and the toes of cut and fill slopes shall be set back from structures as far as is necessary for adequacy of foundation support and to prevent damage as a result of water runoff or erosion of the slopes.
(1966 Code, sec. 7-62; 2001 Code, sec. 22-644)
(a) 
Generally.
Unless otherwise indicated on the approved grading plan, drainage facilities and terracing shall conform to this section.
(b) 
Excavation.
Any excavation permitted under this article shall be designed in such a manner that drainage will be attained. No ponding or retention will be allowed. Drainage in connection with permitted excavation shall be designed to carry waters to the nearest practical drainageway as approved by the building code administrator.
(c) 
Terraces.
Terraces at least six feet in width shall be established at not more than 30-foot vertical intervals to control surface drainage and debris. Suitable access shall be provided to permit proper cleaning and maintenance. Swales or ditches on terraces shall have a minimum gradient of five percent and must be paved with reinforced concrete not less than three inches in thickness or an approved equal paving. Terraces shall have a minimum depth at the deepest point of one foot and a minimum paved width of five feet. A single runoff swale or ditch shall not collect runoff from a tributary area exceeding 13,500 square feet (projected) without discharging into a down drain.
(d) 
Subsurface drainage.
Cut and fill slopes shall be provided with subsurface drainage as necessary for stability.
(e) 
Disposal.
(1) 
All drainage facilities shall be designed to carry waters to the nearest practicable drainageway approved by the building code administrator and/or other appropriate jurisdiction as a safe place to deposit such waters. If drainage facilities discharge onto natural ground, riprap may be required. At least a two-percent gradient toward approved drainage facilities from building pads will be required unless waived by the building code administrator for nonhilly terrain.
(2) 
Exception. The gradient from the building pad may be one percent where building construction and erosion control will be completed before hazardous conditions can occur.
(1966 Code, sec. 7-63; 2001 Code, sec. 22-645)
(a) 
Slopes.
The faces of cut and fill slopes shall be prepared and maintained to control against erosion. This control may consist of effective planting. The protection for the slopes shall be installed as soon as practicable and prior to calling for final approval. Where cut slopes are not subject to erosion due to the erosion-resistant character of the materials, such protection may be omitted.
(b) 
Other devices.
Where necessary, check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and provide safety.
(1966 Code, sec. 7-64; 2001 Code, sec. 22-646)
(a) 
Generally.
All grading operations for which a permit is required shall be subject to inspection by the building code administrator. When required by the building code administrator, special inspection of grading operations and special testing shall be performed in accordance with subsection (c) of this section.
(b) 
Grading designation.
All grading in excess of 5,000 cubic yards shall be performed in accordance with the approved grading plan prepared by a civil engineer, and shall be designated as “engineered grading.” Grading involving less than 5,000 cubic yards shall be designated “regular grading” unless the permittee, with the approval of the building code administrator, chooses to have the grading performed as engineered grading.
(c) 
Engineered grading requirements.
(1) 
For engineered grading it shall be the responsibility of the civil engineer who prepares the approved grading plan to incorporate all recommendations from the soil engineering and engineering geology reports into the grading plan. He shall also be responsible for the professional inspection and certification of the grading within his area of technical specialty. This responsibility shall include, but need not be limited to, inspection and certification as to the establishment of the line, grade and drainage of the development area. The civil engineer shall act as the coordinating agent if the need arises for liaison between the other professionals, the contractor and the building code administrator. The civil engineer shall also be responsible for the preparation of revised plans and the submission of as-graded grading plans upon completion of the work.
(2) 
Soil engineering and engineering geology reports shall be required as specified in section 22-639. During grading, all necessary reports, compaction data and soil engineering and engineering geology recommendations shall be submitted to the civil engineer and the building code administrator by the soil engineer and the engineering geologist.
(3) 
The soil engineer’s area of responsibility shall include, but need not be limited to, the professional inspection and certification concerning the preparation of ground to receive fills; testing for required compaction; stability of all finish slopes; and the design of buttress fills, where required, incorporating data supplied by the engineering geologist.
(4) 
The engineering geologist’s area of responsibility shall include, but need not be limited to, professional inspection and certification of the adequacy of natural ground for receiving fills and the stability of cut slopes with respect to geological matters and the need for subdrains or other groundwater drainage devices. He shall report his findings to the soil engineer and the civil engineer for engineering analysis.
(5) 
The building code administrator shall inspect the project at the various stages of the work requiring certification and at any more frequent intervals necessary to determine that adequate control is being exercised by the professional consultants.
(d) 
Regular grading requirements.
The building code administrator may require inspection and testing by an approved testing agency. The testing agency’s responsibility shall include, but need not be limited to, certification concerning the inspection of cleared areas and benches to receive fill and the compaction of fills. When the building code administrator has cause to believe that geological factors may be involved, the grading operation will be required to conform to engineered grading requirements.
(e) 
Notification of noncompliance.
If, in the course of fulfilling his responsibility under this article, the civil engineer, the soil engineer, the engineering geologist or the testing agency finds that the work is not being done in conformance with this article or the approved grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and to the building code administrator. Recommendations for corrective measures, if necessary, shall be submitted.
(f) 
Transfer of responsibility for certification.
If the civil engineer, the soil engineer, the engineering geologist or the testing agency of record is changed during the course of the work, the work shall be stopped until the replacement has agreed to accept the responsibility within the area of his technical competence for certification upon completion of the work.
(1966 Code, sec. 7-65; 2001 Code, sec. 22-647)
(a) 
Final reports.
Upon completion of the rough grading work and at the final completion of the work performed pursuant to this article, the building code administrator may require the following reports and drawings and supplements thereto:
(1) 
An as-graded grading plan prepared by the civil engineer including original ground surface elevations, as-graded ground surface elevations, lot drainage patterns and locations and elevations of all surface and subsurface drainage facilities. He shall provide certification that the work was done in accordance with the final approved grading plan.
(2) 
A soil grading report prepared by the soil engineer including locations and elevations of field density tests, summaries of field and laboratory tests and other substantiating data and comments on any changes made during grading and their effect on the recommendations made in the soil engineering investigation report. He shall provide certification as to the adequacy of the site for the intended use.
(3) 
A geological grading report prepared by the engineering geologist including a final description of the geology of the site including any new information disclosed during the grading and the effect of the information on recommendations incorporated in the approved grading plan. He shall provide certification as to the adequacy of the site for the intended use as affected by geological factors.
(b) 
Notification of completion.
The permittee or his agent shall notify the building code administrator when the grading operation is ready for final inspection. Final approval shall not be given until all work including installation of all drainage facilities and their protective devices and all erosion control measures have been completed in accordance with the final approved grading plan and the required reports have been submitted.
(1966 Code, sec. 7-66; 2001 Code, sec. 22-648)
A grading permit that involves fill on a lot in a completed residential subdivision shall be subject to the following limits:
(1) 
No more than one grading permit shall be issued for any lot in a completed residential subdivision in any five-year period.
(2) 
Each grading permit in a completed residential subdivision shall expire 180 days after issuance.
(Ordinance 12-2013, sec. 3(22-649), adopted 3/19/13)