A grading permit authorizes only the work described or illustrated
on the application for the permit, or in the plans and specifications
approved by the City Engineer. The authorized work must be done in
accordance with all conditions imposed by the City Engineer and with
the requirements of this chapter. Conditions imposed by the City Engineer
must be shown on the grading plans under the heading "General
Notes."
(Ord. 564 § 3, 2019)
The permittee must:
A.
Know
the conditions and restrictions placed on the grading permit, the
requirements of this chapter, and the requirements in any approved
report(s);
B.
Insure
that all contractors, subcontractors, employees, agents and consultants
are knowledgeable of the same, and insure that they carry out the
authorized work in accordance with the approved plans and specifications
and with the requirements of the permit and this chapter;
C.
Maintain
in an obvious and accessible location on the site, a copy of the permit
and grading plans bearing the approval of the City Engineer.
(Ord. 564 § 3, 2019)
Every person doing land development must meet such qualifications
the City Engineer determines are necessary to protect the public interest.
The City Engineer may require an application for qualification which
must contain all information necessary to determine the person's
qualifications to do the land development. At a minimum, all land
development work must be performed by a contractor licensed by the
State to perform the types of work required by the permit.
(Ord. 564 § 3, 2019)
The permittee must comply with the City's design and development
standard regarding the conduct of grading operations. At a minimum,
these standards include, but are not limited to the following:
A.
All
grading and paving operations, including the warming up, repair, arrival,
departure or running of trucks, earthmoving equipment, construction
equipment and any other associated grading equipment must occur only
between 7:00 a.m. and 6:00 p.m. Monday through Friday. Earthmoving
or grading operations must not be conducted on Saturdays, Sundays
or holidays recognized by the City without the written permission
of the City Engineer.
B.
Grading
and paving are not permitted between October 1st and the following
April 1st on any site when the City Engineer determines that erosion,
mudflow or sediment discharge from grading may adversely affect downstream
properties, drainage courses, storm drains, streets, easements, or
public or private facilities or improvements unless an erosion control
system approved by the City Engineer has been implemented on the site
to the satisfaction of the City Engineer.
(Ord. 564 § 3, 2019)
A.
If
the civil engineer, soil engineer, engineering geologist, landscape
architect, testing agency, or grading contractor of record change
during the course of work authorized by a grading permit, the work
must stop until:
1.
The
owner submits a letter of notification verifying the change of the
responsible professional; and
2.
The
new responsible professional certifies in writing that the professional
has reviewed all prior reports and/or plans (specified by date and
title) and work performed by the prior responsible professional, and
that the new responsible professional concurs with the findings, conclusions
and recommendations and is satisfied with the work performed. The
responsible professional's certification include a statement
assuming all responsibility for work in that professional's
purview as of a specified date.
C.
Where clearly indicated that the firm, not the individual professional, is the contracting party, the designated engineer, architect or geologist may be reassigned and another individual of comparable professional accreditation within the firm may assume responsibility, without complying with the requirements of subdivisions 1 and 2 of subsection A of this section.
(Ord. 564 § 3, 2019)
A.
Preparation
of Ground. The ground surface of an area to be filled must be prepared
to receive fill in accordance with the following:
1.
Removing
vegetation, noncomplying fill, topsoil and other unsuitable materials;
2.
Scarifying
to a depth of one foot to provide a bond with the new fill;
3.
Where
existing slopes exceed five feet in height and/or are steeper than
5:1, benching into sound bedrock or other competent material as determined
by the soil engineer and approved by the City Engineer. The lowermost
bench beneath the toe of a fill slope on natural ground must be a
minimum 10 feet wide and at least three feet into dense formational
materials. The ground surface below the toe of the fill must be prepared
for sheet flow runoff, or a paved drain must be provided.
4.
Where
fill is to be placed over an existing cut slope, the bench under the
toe of the new fill must be at least 15 feet wide and must be approved
by the soil engineer and/or engineering geologist as a suitable foundation
for fill.
B.
Expansive
Soils. Whenever expansive soils are encountered within three feet
of the finish grade of any area intended or designed as a location
for a building, the permittee must ensure compliance with the following:
1.
Remove
expansive soil to a minimum depth of three feet below finish grade
and replace the expansive soil with properly compacted, nonexpansive
soil;
2.
If
sufficient nonexpansive material to replace expansive soil is not
readily available on-site, the City Engineer may waive or reduce the
requirement for removal and replacement of the expansive soils reported
on the project, subject to the written recommendation from the soil
engineer for the design of footings, foundations, slabs, and other
load bearing features, or for other special procedures which will
alleviate any problem created by the remaining expansive soils.
C.
Fill
Material. Fill material must comply with the following:
1.
Organic
material must not be included in fills.
2.
Except
as outlined in this subsection, rock and similar irreducible materials
with a maximum dimension greater than eight inches must not be buried
or placed in fills.
3.
The
City Engineer may permit placement of rock with a dimension greater
than eight inches when the soil engineer properly devises a method
of placement, continuously inspects placement, and approves the soil
stability and competency, and the following conditions are also met:
a.
Prior to issuance of the grading permit, potential rock disposal
area(s) are delineated on the grading plan.
b.
Rock sizes greater than eight inches in maximum dimension are at
least six feet or more below grade, measured vertically, and 10 feet
measured horizontally from slope faces, and must be two feet or more
below the bottom of any utility pipeline.
i.
When the design of the development or covenants and restrictions
provide assurance that no structure or utilities will be placed on
a precisely definable area, these dimensions may be reduced with the
approval of the City Engineer;
c.
Rocks greater than eight inches must be completely surrounded by
soils. Nesting of rocks is prohibited.
4.
All
fill slopes must be overfilled to a distance from finished slope face
that will allow compaction equipment to operate freely within the
zone of the finished slope, and then cut back to the finish grade
to expose the compacted core. Alternate methods may be recommended
by the soil engineer and approved by the City Engineer. In such instances,
the grading contractor must provide detailed specifications for the
method of placement and compaction of the soil within a distance of
an equipment width from the slope face.
D.
Buttress/Stabilization
Fills. Any recommendations for buttress fills or stabilization fills
must be set forth in a report by the soils engineer or certified engineering
geologist. The report must set forth the soil or geologic factors
necessitating the buttress/stabilization fill, stability calculations
based on both static and pseudostatic conditions (pseudostatic loads
need not normally be analyzed when bedding planes are flatter than
12 degrees from the horizontal), laboratory test data on which the
calculations are based, the buttress/stabilization fill, a scaled
section of the buttress/stabilization fill, and recommendations with
details of subdrain requirements.
E.
Utility Line Backfill. Backfills for on-site utility line trenches, such as water, sewer, gas, and electrical services must be compacted and tested in accordance with Section 11.40.725. Alternate materials and methods may be used for utility line backfills if the material specification and method of placement are recommended by the soil engineer and approved by the City Engineer prior to backfilling. The final utility line backfill report must include a statement of compliance by the soil engineer that the tested backfill is suitable for the intended use.
(Ord. 564 § 3, 2019)
A.
If,
at any stage of work, the City Engineer determines that authorized
grading is likely to endanger any public or private property, result
in the deposition of debris on any public way, or interfere with any
existing drainage course, the City Engineer may specify and require
reasonable safety precautions to avoid the danger. Failure to comply
with the City Engineer's direction is a violation of this section.
B.
When
directed by the City Engineer pursuant to this section, the permittee
must remove any soil and debris deposited on adjacent and downstream
public or private property, repair any damage resulting from that
permittee's grading operations, and control erosion and siltation
through the use of temporary or permanent siltation basins, energy
dissipators, or other measures as field conditions warrant, whether
or not such measures are a part of approved plans. Costs associated
with any work outlined in this section are the permittee's responsibility.
(Ord. 564 § 3, 2019)
During grading operations, the permittee, contractor, and owner
must take all necessary measures to eliminate any hazard resulting
from the work to the public in its normal use of public property or
right-of-way. Any fences or barricades installed must separate the
public from the hazard as long as the hazard exists, must be approved
by the City Engineer, and must be properly constructed and maintained.
(Ord. 564 § 3, 2019)
Except as otherwise provided in a secured agreement for land development pursuant to Section 12.32.030, the following provisions apply when a City facility within a public right-of-way has been damaged or has failed as a result of the construction or existence of the owner's land development work during the progress of such work:
A.
The
owner of property subject to this chapter must pay the City for all
costs of placing, repairing, replacing or maintaining the City-owned
facility;
B.
The
costs of placing, replacing or maintaining the City-owned facility
includes the cost of obtaining an alternate easement if necessary;
(Ord. 564 § 3, 2019)
A.
Each
property owner is entitled to the lateral and adjacent support of
that property from the adjoining land.
B.
It
is unlawful to excavate on land so close to the property line as to
endanger any adjoining public street, sidewalk, alley or other public
or private property without supporting and protecting such property
from settling, cracking and other damage which might result.
C.
Notwithstanding
the minimum standards set forth in this chapter, each property owner
must prevent damage to adjacent property when making excavations by
undertaking the following:
1.
Before
making an excavation greater than 10 feet wide within 10 feet of a
property line, the property owner or lessee must give reasonable notice
to the owner or owners of land abutting the property lines affected
by the excavation. The notice must state the depth of the proposed
excavation and when the excavation will begin;
2.
In
making any excavation, use reasonable care, skill and precautions
to ensure that the soil of adjoining property will not cave in or
settle to the detriment of any building or other structure which may
be thereon;
3.
Ensure
that land development work does not physically prevent the use of
existing legal or physical and usable access to any parcel (in the
opinion of the City Engineer).
(Ord. 564 § 3, 2019)
The owner of any property on which a fill or excavation has
been made pursuant to a grading permit granted under the provisions
of this chapter, or any other person or agent in control of such property
must maintain the following in good condition and repair: all retaining
walls, cribbing, drainage structures, protective devices, and plantings
shown in the approved plans and specifications or in the as-graded
drawings or as required by the grading permit. Facilities dedicated
for use by the public and accepted for such use by a public agency
are excepted from this requirement.
(Ord. 564 § 3, 2019)
A.
During
grading operations the permittee must prevent damage to any public
utilities or services within the limits of grading and along any routes
of travel of equipment.
B.
Before
starting any excavation work, the permittee must contact Underground
Service Alert, Incorporated and coordinate the proposed excavation
with all interested utility companies, districts and agencies.
(Ord. 564 § 3, 2019)
The permittee must ensure that all grading operations comply
with the Vehicle Code and that no soil or debris is deposited on the
public streets by any means, including, but not limited to, spills
from truck beds or tracking by haul vehicles. The permittee must remove
any materials spilled, dumped, or deposited on a public street as
a result of permittee's grading operations.
In addition to any other remedies available for noncompliance
with this requirement, the City Engineer may require a cash deposit
or security to insure the cleanup of public streets.
(Ord. 564 § 3, 2019)
The permittee must control dust created by grading operations
or activities at all times.
(Ord. 564 § 3, 2019)
The permittee must show all existing survey monuments on the
grading plan and submit evidence indicating that arrangements have
been made to preserve or relocate existing monuments to the City Engineer
prior to issuance of a grading permit.
(Ord. 564 § 3, 2019)
If any archaeological or paleontological resources are discovered
during grading operations, the permittee must immediately cease all
grading operations and notify the City Engineer of the discovery.
Grading operations must not recommence until the permittee has received
written authority from the City Engineer to do so.
(Ord. 564 § 3, 2019)
