City of Springfield, OR GRADING

Permits Required. Unless exempted herein, no person shall perform any grading work without first having obtained a permit as provided for herein. Grading work shall include:

The excavation or removal of earth or rock from the surface layers of the ground;

The movement or transportation of earth around, along, over, or on the surface of the ground other than transporting the material in trucks from one site to another over public or private roadways; or

The deposition, placement or compaction of earth materials for the construction of fills.

Exceptions. No grading permit will be required for the following work; however, all grading work exempted from permit requirements shall comply with all other regulations of the city and laws of the state of Oregon:

An excavation below finished grade for basements of a building, retaining wall, swimming pool or other structure authorized by a valid building permit so long as the excavation conforms to an approved grading plan. Where there is no approved grading plan, the director of public works or designee, hereinafter referred to as director, may require submittal of such a plan for approval. This subsection shall not exempt any fill made with material from such excavation or exempt any excavation having an unsupported height greater than five feet after the completion of such structure.

Cemetery graves.

Refuse disposal sites controlled by other regulations.

Excavations for wells or tunnels or utilities.

Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established or provided for by law provided such operations do not affect the lateral support or increase the stress in or pressure upon any adjacent or contiguous property.

Exploratory excavations under the direction of an engineer, registered geologist, or registered certified specialty geologist.

(g)

An excavation which (a) is less than two feet in depth, or (b) which does not create a cut slope greater than five feet and steeper than one and one-half horizontal to one vertical, which does not extend to within two feet of adjoining property, and which does not adversely affect drainage from or onto adjoining properties.

(h)

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 adversely affect drainage from or onto adjoining properties.

(i)

All excavation and grading done under other valid permits is exempt.

[Section 8.302 amended by Ordinance No. 6335, enacted April 6, 2015]

8.304 Actions Prohibited.

It shall be unlawful for any person to:

Perform any work within the scope of this code without first having obtained a permit from the director pursuant to this code unless specifically exempted from permit requirements.

Excavate, grade or place fill material on or within any property, whether or not a permit is required under the provisions of this code, so as to cause or allow dirt or debris to be washed, eroded or carried from said property by natural or artificial means onto other property or on to a public road or street. The depositing of earth, soil, rock, mud or litter upon the public roads either by grading operations or by hauling equipment is prohibited, except as otherwise provided for street improvements and/or stockpiling for which a permit has been issued.

Obstruct, divert or interfere with natural or artificial surface drainage way, except for such construction or operation that may be approved by the director.

Perform any work or construct any facility, including excavation or embankment, trenching, driveway construction or drainage facility, within the right-of-way for a public road or street, or easement under the jurisdiction of the city of Springfield without a permit from the director issued pursuant to sections 8.300 to 8.338 of this code.

[Section 8.304 amended by Ordinance No. 6335, enacted April 6, 2015]

8.306 Hazards.

Whenever the director 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 said property, upon receipt of notice in writing from the director, shall within the period specified therein repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this code.

[Section 8.306 amended by Ordinance No. 6335, enacted April 6, 2015]

8.308 Grading Permit Conditions.

Approval of grading permits will be made subject to appropriate conditions or reservations as may be required to insure the protection of public health, safety, or general welfare including, but not limited to:

Execution of a “hold harmless” clause on the permit as follows: “The permittee, for him or herself, his or her contractors, and employees, agrees that the approval of the grading permit in no manner presumes or implies the approval or terms of approval of any other future permit required by the city for the site and indemnifies and holds approval and further agrees to save, indemnify and hold harmless the city of Springfield and its representatives from all liabilities, claims and judgments for damages by reason of injury or death to any person or persons, or damage to property from any cause whatsoever while in, upon, or in any way connected with the work covered by this grading permit, and does further agree to defend the city in any claim arising out of or as a result of the work done under this permit.”;

Completion of the work within the time period approved by the director;

Cleaning up area and planting in accordance with approved grading plans;

Designation of area in which work may be done;

Designation of the slope to which excavation may be made, and elevation of filling;

Reasonable provisions for controlling excessive dust;

Hours during which operations may proceed;

(8)

Safety precautions which must be taken to guide pedestrian and vehicular traffic movements in, around and by said operation, in accordance with Chapter 44 of the state building code;

(9)

Posting of a good and efficient bond as provided in section 8.334 to assure compliance with the conditions;

(10)

Other conditions which may be established as necessary by the director based upon accepted engineering practices;

(11)

Furnishing a survey or other positive evidence of property boundary lines at the site to be graded, if deemed necessary by the director;

(12)

Furnishing a qualified inspector working under the supervision of an engineer on the site during construction operations, if deemed necessary by the director.

[Section 8.308 amended by Ordinance No. 6065, enacted July 28, 2003; further amended by Ordinance No. 6335, enacted April 6, 2015]

8.310 Permit Application Forms.

To obtain a permit the applicant shall first file an application therefor in writing on a form prescribed by the director for that purpose. Each application shall:

Identify and describe the work to be covered by the permit for which application is made;

Describe and furnish the proposed route to the location of the filling or disposal site for excavated material if other than on the site of the excavation.

[Section 8.310 amended by Ordinance No. 6335, enacted April 6, 2015]

8.312 Required Information for Grading Plans and Specifications.

Submittal Requirements:

Each application for a grading permit shall be accompanied by sets of plans and specifications, and supporting data consisting of a soils and geology report, unless waived by the director.

Site data, when required by the director, shall be furnished. This information shall include, but not be limited to, the following items;

Vicinity map showing location of site or sites involved;

Map showing property boundaries and dimensions or area covered by application for permit;

Map showing buildings, roads, utilities, or other improvements within the area, and adjacent thereto, that may be affected by the proposed work;

A map drawn to a convenient scale, showing the contours of the ground and details of terrain and drainage, for the conditions existing before and after the proposed work. This map should show the locations of observed springs, swampy areas, areas subject to flooding, landslides and mud flows;

Cross section of the ground, if required by the director, showing both original and proposed ground surface with grades, slopes, and elevations noted;

A statement as to the general description of the earth materials involved in the work, including classification, bedding, or other geological features, results of test borings; and reports by an engineer as to slide conditions existing or anticipated, and as to the suitability of the material for construction of stable embankments with recommendations for construction procedure to obtain required stability and relative compaction.

Unless otherwise incorporated in site data, or waived by the director, the following data shall be furnished:

A plan showing dimensions and elevations within the limits of the area to be graded that will result upon completion of the work, and indicating proposed drainage channels and facilities;

The planned elevations, grades, and slopes of excavations and embankments;

Specifications controlling construction methods and materials in construction of the work including:

(i)

Provisions for control of grading operations within the construction area on public roads;

(ii)

Safety precautions to be observed, and facilities to be provided;

(iii)

Compliance with all pertinent laws and local regulations;

(iv)

Control of dust;

(v)

Hours during which work will be permitted;

(vi)

Other related matters.

Plans and details of walls, cribbing, slope protection, facilities and planting. Planting plans will be subject to the approval of the director.

Specifications for the removal and disposal of excess material.

[Section 8.312 amended by Ordinance No. 6335, enacted April 6, 2015]

8.314 Soils and Geology Report.

Unless waived by the director, a soils and geology report, prepared by an engineer, shall be submitted by the developer or his or her representative. The director may require that the engineer consult with a registered geologist or registered certified specialty geologist in preparation of this report.

In order to provide the engineer with the information necessary for determining both the types of structures which can be placed on the land and the types of drainage facilities which will be necessary, the report shall contain adequate data and recommendations on the following matters:

A general indication of both surface and subsurface drainage facilities necessary to secure stability of native soil or compacted fill.

The location of areas within the boundaries of the development which can justifiably and safely be used for building sites, with accompanying diagram.

Guidelines to be used to adequately and properly develop and maintain the area under consideration, such as the desirable height of cuts and fills, desirable steepness of slopes, recommended erosion control measures, retaining wall locations, necessary corrective measures, etc.

An analysis of areas immediately adjacent to the proposed development which, after grading, might have an adverse effect upon the proposed development or might be adversely affected by the grading.

Requirements for excavations and fills for any building or structure, and for foundations and retaining structures shall be governed by Chapter 29 of the state building code.

When the soils and geology report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, the developer or his or her representative shall submit a report which addresses each lot or areas with said soil conditions. This investigation shall recommend corrective action which is likely to prevent structural damage to the proposed structures. When these further studies are necessary, all buildings, structures, and public or private improvements shall be designed in accordance with the recommendations contained in these studies.

When a preliminary report backed by sufficient data and prepared by the engineer indicates that the soils quality of the proposed development does not require further analysis, the director may, based upon this information, determine that a complete soils and geology report is not required.

[Section 8.314 amended by Ordinance No. 6335, enacted April 6, 2015]

8.316 Drainage Pollution and Erosion Control.

When required by the director, drainage facilities and pollution and erosion control devices shall be provided to convey storm waters to a natural channel or water course or to a storm drainage facility in an acceptable manner without causing pollution, erosion, or damage and such facilities shall be designed so as to provide the capacity deemed to be necessary by the director.

When work done under a grading permit indicates the presence of subsurface waters which may contribute to sliding or settlement of the earth surface either in an undisturbed state, or that such subsurface waters are expected to result from the grading operations, the director may require the construction of, or installation of such subsurface and surface facilities as may be deemed necessary to collect anticipated slide or settlement conditions, and require its conveyance to an acceptable point of discharge.

Whenever during excavation there are uncovered or become apparent any unforeseen springs, aquifers, or sources of underground water, all grading operations in the immediate area may be stopped when deemed necessary by the director. If grading operations are so halted, they shall not be resumed until the drainage facilities recommended by an engineer for the remedy of the condition have been completed and approved.

Graded sites shall be sloped a minimum of two percent to provide adequate drainage.

Whenever slope surfaces or excavations and embankments exist, or result from grading operations on the site, erosion control shall be installed by October 1st; if grading operations occur from October 1 through April 30, erosion control shall be installed within 14 days from denuding.

Erosion control measures shall conform to the recommendation within the soil and geology report and shall be approved by the director. Such measures shall consist of surface roughening, interceptor and diversion practices, vegetative soil stabilization, and non-vegetative soil stabilization.

Temporary or short-term stabilization shall be required in accordance with paragraph (a) above when necessitated by prolonged grading delays or by completion of final grading during seasons of the year when permanent vegetative soil stabilization cannot be performed. Temporary or short-term stabilization shall conform to the recommendation within the soil and geology report and shall be approved by the director.

[Section 8.316 amended by Ordinance No. 6335, enacted April 6, 2015]

8.318 General Regulations.

Excavation, grading or construction of fills may be prohibited by the director during the period in which rainfall precludes compliance with requirements herein set forth.

If operations under the grading permit are within 500 feet of residential or commercial occupancies, grading operations shall be limited to the hours of 6:00 a.m. to 8:00 p.m. daily, with Sunday operations prohibited, excepting that maintenance and service work on equipment may be performed at any time subject to regulation by section 5.220.

Encroachment of operations on public rights-of-way without a permit from the director is prohibited except for hauling of legal loads by vehicles permitted to operate on public roads by law.

Operations shall be controlled to prevent nuisances to public and private ownership because of dust, drainage, water pollution, soil erosion, removal of natural support of land and structures, encroachment, noise and vibration.

Blasting, or other uses of explosives shall be subject to regulation by applicable state laws and regulations of the Springfield Code.

Excavation, grading, and construction of embankments in, on, under, over or adjacent to old fills, and areas known to be, or believed to be, potential slide areas, shall not be permitted until a soils and geology report prepared by an engineer has been submitted to the director with the application for a grading permit, and such report certifies that the proposed construction will be stable within itself and will not be hazardous to any adjoining property or to any public road, utility or other facility. Recommendations presented in the soils and geology report as to materials, equipment or procedures to be incorporated in the construction area or operations to ensure adequate stability and safety in the construction area, or to the adjoining areas which may be affected by the proposed construction, together with other reasonable requirements, may be incorporated in the grading permit as a condition of approval of the application.

All grading done under sections 8.300 to 8.338 must substantially conform to the design and layout of any approved or conditionally approved preliminary or tentative plan and violation of this clause may be grounds for suspension or revocation of the grading permit as prescribed in section 8.330 of this code, as well as being subject to the penalty provisions of this code. Exception: If an applicant requests a grading permit in the absence of an approved or conditionally approved preliminary or tentative development plan, the following requirements shall apply:

The grading shall not result in the need to extend public storm systems to the site or to alter, reconstruct or redirect any existing public open-water stormwater facility.

The permit application shall contain the following additional information:

(i)

The name, location, dimensions, direction of flow and top of bank of all adjacent watercourses including those that are shown on the city’s Water Quality Limited Watercourse Map;

(ii)

The 100-year floodplain and floodway boundaries and areas of special flood hazard designated by the city engineer as susceptible to inundation of water from any source that may affect the site. If fill occurs in the flood plain, the director may require analysis of the effects of the fill on flooding of adjacent properties;

(iii)

The Time of Travel Zones as delineated on the Springfield Wellhead Protection Areas Map that affect the site; and

(iv)

Physical features including, but not limited to, riparian vegetation, trees over 5 inches or greater DBH, open drainage ways, watercourses shown on the Water Quality Limited Watercourse Map and their riparian areas, identified archeological and/or historical sites, identified threatened or endangered species habitat, areas considered for inclusion in the City’s Goal 5 lands inventory, jurisdictional wetlands and rock outcroppings.

Unless specifically allowed by the director, the features listed in subsection (b)(iv) above shall be retained and protected until such features are fully considered through a site plan review preliminary plan, subdivision tentative plan application, partition tentative plan application, and/or tree felling permit. To ensure retention of trees over five inches or greater DBH, the director may require a tree protection plan.

Except for grading of less than 100 cubic yards associated with the construction of a single-family dwelling, an informational notification shall be provided to owners and residents of property within 100 feet of the property line where the grading will take place. This notification shall be mailed a minimum of five days prior to the date the grading will commence and shall include the property address, an 8 1/2″ x 11″ map of the location of the property including the area where the grading will take place, the amount of material to be graded and approximate dates the work is to take place. The permittee shall be required to provide a fee for this notification.

The proposed grading shall not permit or authorize the placement or construction of public or private utilities or facilities, unless, in the opinion of the public works director, such utilities or facilities are necessary to ensure that the proposed land and drainage alteration is adequately protective of public health, safety, and general welfare. In this event, the applicant shall obtain from the city the additional permits necessary to construct such utilities or facilities.

All work conducted within existing and/or proposed public rights-of-way shall be limited to the minimum necessary, in the opinion of the city engineer, to ensure that the proposed land and drainage alteration is adequately protective of public health, safety, and general welfare.

(g)

If the proposed grading includes the demolition of existing impervious surface (concrete, asphalt, etc.) such material shall be legally disposed of off-site not later than one month after its demolition.

(h)

All other approvals necessary to proceed with the proposed grading, including such overlay district requirements for floodplain, hillside, historic district, the Willamette Greenway, tree felling or any regulated wetland, or any permits necessary from any other agency having jurisdiction over all or a portion of the work, shall be secured by the applicant prior to issuance of the grading permit.

[Section 8.318 amended by Ordinance No. 6065, enacted July 28, 2003; further amended by Ordinance No. 6335, enacted April 6, 2015]

8.320 Excavations.

Unless otherwise permitted, the slope of any bank in an excavation shall not be steeper than one and one-half horizontal to one vertical, except that such slope may be required to be flatter if soil conditions are found to be unfavorable, or an adjacent foundation or structure may be endangered.

Terraces at least six feet in width shall be established at not more than 30-foot vertical intervals on all cut slopes to control surface drainage and debris except that where only one terrace is required, it shall be at mid-height. For cut slopes greater than 60 feet and up to 120 feet in vertical height one terrace at approximately mid-height shall be 12 feet in width. Terrace widths and spacing for cut slopes greater than 120 feet in height shall be designed by an engineer and approved by the director. Terraces shall have a transverse slope of not less than five horizontal to one vertical sloping down towards the bank above the terrace and a longitudinal slope of not less than two percent. Suitable access shall be provided to permit proper cleaning and maintenance pursuant to this code. Swales or ditches on terraces shall have a minimum gradient of five percent and must be paved with concrete not less than three inches in thickness or an approved equal paving. They shall have a minimum depth at the deepest point of one foot and a minimum paved width of five feet. A single run of swales or ditch shall not collect runoff from a tributary area exceeding 13,500 square feet (projected) without discharging into a down drain.

Cut slopes shall be provided with subsurface drainage as necessary for stability.

[Section 8.320 amended by Ordinance No. 6335, enacted April 6, 2015]

8.322 Ground Preparation for Embankments.

The area on which an embankment or fill is to be placed shall be cleared of all vegetation, such as trees, logs, stumps, and roots of trees, brush, heavy growth of grass and weeds, and any other objectionable material, such and debris, concrete foundations, metal, or non-earthen materials which cannot be properly consolidated or will not support the load of the embankment or structures. The cleared area shall extend to a width of two feet outside the area to be filled. All trees, existing stumps and large roots shall be removed, except that within the area where fills will be three feet or more in height, trees may be cut flush with the existing ground and grubbing of the remaining stumps will not be required except at locations where subdrainage, trenches, drain pipes, foundations or other structures are to constructed or where unsuitable materials is to be removed before construction of the embankment.

The existing ground shall be prepared to receive fill construction by:

The installation of subdrains to intercept and dispose of waters from springs, aquifers, or other underground sources of water; and storm drains to intercept and dispose of surface waters where required on approved plans.

Compacting the ground area upon which any embankment is to be constructed to a minimum relative compaction of 90 percent throughout the top six inches.

Embankment fills shall not be constructed upon natural ground slopes which are steeper than five horizontal to one vertical unless such embankments are keyed into the natural ground; and the native material together with the fill material shall be recompacted to a relative compaction of 90 percent. The width of the benches for keying new embankments to existing slopes shall not be less than 10 feet. The construction operation shall be such that a slip plane is not created between the original material and the newly compacted material.

8.324 Embankment and Backfill.

The slopes of an embankment shall not be steeper than two horizontal to one vertical, except where the soils and geology report indicates that steeper slopes may be constructed and maintained safely without creating a potential sliding or erosion condition.

In fills over 20 feet in height, a terrace having a minimum width of six feet shall be constructed in the fill slopes, with a maximum vertical spacing of 20 feet between terraces or from the top or bottom of the fill slopes, except that the vertical spacing may be increased if slopes are commensurately flattened where such increase and flattening is recommended by an engineer and approved by the director. The terrace shall have a transverse slope of not less than five horizontal to one vertical sloping down towards the embankment, and a longitudinal slope of not less than two percent. Drainage along the terrace shall be provided as required by section 8.322 of this code.

Except as noted below for rock fill, material for embankments and backfills for excavations, slides, walls and other structures shall be spread in layers not exceeding eight inches in loose thickness before compaction, and each layer shall be compacted to a relative compaction of not less than 90 percent.

The side slopes of all embankments shall be compacted by means of tampers or rollers to a minimum of 85 percent relative compaction.

When fill material includes rock, individual rock shall not be greater than three feet in greatest dimension, and no rock larger than six inches in greatest dimension will be permitted less than 18 inches below finished grade of the embankment. No large rocks will be permitted to nest, and all voids shall be filled with earth or other fine material and properly compacted.

Material used for backfilling within 18 inches of walls or other structures shall be free from stones or lumps of material exceeding four inches in greatest dimension.

At the time of compaction, the moisture content of the embankment material shall be such that the minimum relative compaction specified may be obtained with the compacting equipment being used. Water shall be added in the required amount to obtain the optimum moisture content for achieving maximum density. Compaction of embankment material which contains excessive moisture shall be delayed until the material has been allowed to dry to such an extent that the relative compaction specified may be produced with the compacting equipment being used.

Sufficient field and laboratory tests to determine the relative compaction of the ground and embankment material shall be taken and shall not be less frequent than necessary to obtain compaction tests in each two feet of vertical lift of the embankment. The results of such testing shall be included in the reports required by section 8.338 of this code.

The absence of compaction test reports, or inaccuracies or inconsistencies in the test results shall be deemed sufficient to reject the completed construction or to delay issuance of a certification of completion until additional test reports are satisfactory and indicate compliance. The director may require a certificate by an approved soils testing agency based on the tests of the fill at selected elevations.

[Section 8.324 amended by Ordinance No. 6335, enacted April 6, 2015]

8.326 Setbacks.

General. The setbacks and other restrictions specified by this section are minimum and may be increased by the director or by recommendation of an engineer, if necessary, for safety and stability or to prevent damage of adjacent properties from deposition or erosion or to provide access for slope maintenance drainage. Retaining walls may be used to reduce the required setbacks where approved by the director.

Setbacks from Property Lines. The tops of cuts and toes of fill slopes shall be set back from the outer boundaries of the permit area and behind any easements, in accordance with Figure A-33-1 of the State Structural Specialty Code.

[Section 8.326 amended by Ordinance No. 6335, enacted April 6, 2015]

8.328 Permit Issuance.

Issuance. The application, plans and specifications and other data filed by an applicant for permit shall be reviewed by the director. Such plan may be reviewed by other departments and agencies to verify compliance with any applicable laws, ordinances, rules, and regulations. If the director finds that the work described in the application for permit and the plans, specifications, and other data filed therewith conform to the requirements as stipulated by the controlling agencies, and other pertinent laws and ordinances, and that the fees specified in section 8.332 of this code have been paid, he or she shall issue a permit to the applicant.

When the director issues the permit where plans are required, he or she shall endorse in writing or stamp the plans and specifications APPROVED. Such approved plans and specifications shall not be changed, modified or altered without authorization from the director, and all work shall be done in accordance with the approved plans. The director may issue a permit for the grading of a portion of a larger site if plans and specifications for the entire site have been submitted and approved.

Retention of Plans. One set of approved plans, specifications and computations shall be retained by the director indefinitely, or until superseded; and one set of approved plans and specifications shall be returned to the applicant, and said set shall be kept on the site of the grading at all times during which the work authorized thereby is in process.

Validity of Permit. The issuance of granting of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the city. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid.

The issuance of a permit based upon plans, specifications and other data shall not prevent the director from thereafter requiring the correction of errors in said plans, specifications and other data, or from preventing grading operations being carried on when in violation of this code or any other ordinance of this city.

Expiration. Every permit issued by the director under the provisions of this code shall expire by limitation and become null and void if the grading authorized by such permit is not commenced within 180 days from the date of such permit, or if the grading authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can be recommenced, a new permit shall be first obtained, and the fee therefor shall be one-half the amount required for a new permit for such work provided no changes have been made or will be made in the original plans and specifications for such grading, and provided further that such suspension of abandonment has not exceeded one year.

Any permittee holding an unexpired permit may apply for an extension of the time within which he or she may commence work under that permit when he or she is unable to commence work within the time required by sections 8.300 to 8.338 for good and satisfactory reason. The director may extend the time for action by the permittee for a period not exceeding 180 days upon written request by permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee if he or she fails to reapply within one year of the expiration date.

[Section 8.328 amended by Ordinance No. 6335, enacted April 6, 2015]

8.330 Permit Suspension or Revocation.

The director may, in writing, suspend or revoke a permit issued under the provisions of this code whenever it is found that:

The permit was issued in error or on the basis of incorrect information;

Conditions at the site vary appreciably from that stated in the application or shown on the grading plans;

Construction does not conform to the approved plans, grades, or other conditions of the grading permit;

Cessation of work before completion have, left the site in a condition hazardous to public or to the adjacent properties, and the applicant does not comply with reasonable requirements as to completion of the work within the time specified in the permit or an approved extension of time therefor;

The applicant does not comply with reasonable requirements to safeguard the workers, the public, or other persons acting in a lawful manner, during his or her construction operations;

The applicant, in transporting materials, or operating equipment in, around, to and from the site and in connection with the grading operations for which the permit was issued, fails to operate the equipment properly on or along public roads, or allows materials or litter to encroach, obstruct or be deposited on pavement, or in drainage channels, or otherwise within the road right-of-way, to the detriment of the public road, or creates a hazard on the public road, or causes unauthorized obstruction or diversion of drainage channels within the site areas;

(g)

Failure to have a qualified inspector, working under the supervision of a registered engineer, on the site during construction operations when so required under the permit.

Upon issuance of a notice to cease work, or the suspension of the grading permit, the applicant shall immediately cause all grading and hauling operations connected therewith to cease until permission is received from the director allowing the applicant to proceed after correcting the objectionable conditions or operations so as to eliminate the hazard or encroachment and to prevent recurrence of the situation.

Upon the order of the director, any grading permit so suspended may be either reinstated or revoked.

Whenever a permit has been revoked, work on the site shall not again commence until a new application has been filed incorporating the necessary revisions in plans or methods of operation required to fulfill the intent of sections 8.300 to 8.338 and in accordance with the regulations herein, and approved by the director.

[Section 8.330 amended by Ordinance No. 6335, enacted April 6, 2015]

8.332 Fees.

Plan Checking Fee. For excavation and fill on the same site, the fee shall be based on the volume of the excavation or fill, whichever is greater. Before accepting a set of plans and specifications for checking, the director shall collect a plan-checking fee. Where not covered by the approved improvement plans for the development, separate permits and fees may apply to retaining walls or major drainage structures in accordance with the state building code. There shall be no separate charge for standard terrace drains and similar facilities. The amount of the plan checking fee for grading plans shall be based on the average actual costs as set forth by resolution of the city council. The rates and charges herein provided are for incurred costs based upon the use or availability for use of the public right-of-way and/or the storm sewer system, as well as for meeting the routine obligations of ownership, which is necessary for the regulation of and provision for, the public health, safety and welfare. The charge is controlled by the user’s or potential user’s request and choice of the kind, nature and quantity of use. The plan-checking fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between such fee paid for the original permit and the fee shown for the entire project.

Grading Permit Fees. A fee for each grading permit shall be paid to the director based on the average actual costs as set forth by resolution of the city council. The rates and charges herein provided are for incurred costs based upon the use or availability for use of the public right-of-way and/or the storm sewer system, as well as for meeting the routine obligations of ownership, which is necessary for the regulation of, and provision for, the public health, safety and welfare. The charge is controlled by the user’s or potential user’s request and choice of the kind, nature and quantity of use. The fee for grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project.

[Section 8.332 amended by Ordinance No. 6335, enacted April 6, 2015]

8.334 Bonds.

When Bond is Required. If the director determines that the nature of the work regulated is such that, if left incomplete, it will endanger adjoining property or street, or will create a hazard to human life on any property, or will negatively affect physical features including, but not limited to riparian vegetation, trees over five inches or greater DBH, open drainage ways, watercourses shown on the Water Quality Limited Watercourse Map and their riparian areas, identified archeological and/or historical sites, identified threatened or endangered species habitat, areas considered for inclusion in the City’s Goal 5 lands inventory, jurisdictional wetlands and rock outcroppings, the director may before issuing the permit require the applicant to furnish a bond, either cash or performance agreement (bond) or other security satisfactory to the city at the option of the applicant, in a form satisfactory to the director and approved by the city attorney in the sum of 110 percent of the cost to either return the site to pre-alteration conditions or perform the work required to mitigate the hazard, danger or negative effect as determined by the director, conditioned upon the faithful performance of the work within the time specified in the grading permit or within any extension thereof granted by the director. Such bond or other security shall obligate the principal, his or her executors, administrators and assigns, jointly and severally, and the surety, to the city for the faithful performance of the work required. Such bond or other security shall further provide that it will not be challenged or terminated until at least 30 days’ notice thereof has been filed with the director.

Notice of Default. Whenever the director shall find that a default has occurred in the performance of any term or condition of any permit, written notice thereof shall be given to the principal and to the surety on the bond. Such notice shall state the work to be done to achieve a safe and satisfactory condition and the period of time deemed by the director to be reasonably necessary for the completion of such work.

Duty of Surety. After receipt of such notice the surety shall, within the time therein specified, cause the required work to be performed.

Disposition of Cash Bond. If a cash bond has been postponed and the notice of default, as approved by the preceding paragraph, has been given to the principal, and compliance by the principal with the notice of default is not obtained within the time specified, the director may, upon suspending or revoking the grading permit pursuant to section 8.330 of the code, proceed without delay and without further notice or proceedings whatsoever to use the cash deposited to cause the required work to be done by contract or other means as may be determined at the discretion of the director. The balance, if any, of such deposit shall, upon completion of the work, be returned to the depositor after deducting the cost of the work plus 10 percent thereof.

Right of Entry. In the event of any default in the performance or any term or condition of the permit for the work, the surety or any person employed or engaged on its behalf or any authorized representative of the director shall, after providing reasonable notice have the right to go upon the premises to complete the required work or make it safe.

Interference Prohibited. No person shall interfere with or obstruct the ingress or egress to or from such premises by any authorized representative or agent of any surety or of the city engaging in completing the work required to perform under the permit or in complying with the terms and conditions thereof or in inspecting the grading operation pursuant to section 8.338 of this code.

Term of Bond; Completion. The term of each bond posted shall begin under the date of the posting thereof and shall end upon the satisfactory completion of the terms and conditions stated in the permit. Such completion shall be evidenced by a certificate of completion as provided in section 8.338, a copy of which will be sent to any surety upon request. When a cash bond has been posted, it less any amounts deducted to pay for work performed on order of the director pursuant to any notice of default with said work being charged at a rate three times the wages, equipment fees and material costs, plus 40 percent overhead, or $200.00, which ever is greater, shall be returned to the depositor upon completion of the work.

[Section 8.334 amended by Ordinance No. 6065, enacted July 28, 2003; further amended by Ordinance No. 6335, enacted April 6, 2015]

8.336 Inspection.

General. All grading operations for which a permit is required shall be subject to inspection by the director. When required by the director, special inspection of grading operations and special testing shall be performed in accordance with provisions of the state building code.

Right of Entry. The director or authorized representative shall have the right to go upon the premises in order to make inspections and perform other duties pursuant to this code. It shall be unlawful for any person to interfere with said right of ingress and egress.

Grading Designation. Unless excepted by the director, all grading shall be performed in accordance with the approved grading plan prepared by an engineer, and shall be designated as “engineered grading.” Grading excepted by the director shall be designated “regular grading” unless the permittee chooses to have the grading performed as “engineered grading.”

Engineered Grading Requirements. For engineered grading, it shall be the responsibility of the engineer who prepares the approved grading plan to incorporate all recommendations from the Soils and Geology Report into the grading plan. He or she shall also be responsible for the professional inspection and approval of the grading within his or her area of technical specialty. This responsibility will include, but not be limited to, inspection and approval as to the establishment of line, grade and drainage of the developed area. The engineer shall act as the coordinating agent in the event the need arises for liaison between other professionals, the contractor, and the director of public works. The engineer shall also be responsible for the preparation of revised plans and the submission of as-graded grading plans upon completion of the work. The grading contractor shall submit, in a form prescribed by the director, a statement of compliance to said as-built plan.

Soils and geology reports shall be required as specified in section 8.314 of this code. During grading all necessary reports, compaction data and recommendations, including those of other professionals used in the operation, shall be submitted by the engineer to the director. The engineer’s area of responsibility shall also include, but not be limited to, the professional inspection and approval concerning the preparation of ground to receive fills testing for required compaction, stability of all fill slopes and the design of buttress fills, where required, incorporating data supplied by the registered geologist, or registered specialty geologist as required. His or her areas of responsibility shall also include, but not be limited to, professional inspection and approval of the adequacy of natural ground for receiving fills and the stability of cut slopes consistent with the soils and geology report and the need for subdrains or other water drainage devices. All findings and analyses shall be reported by the engineer. The director may inspect the project at the various stages of the work requiring approval and at any more frequent intervals necessary to determine that adequate control is being exercised by the professional consultants.

Regular Grading Requirements. The director may require inspection and testing by an approved agency.

The testing agency’s responsibility shall include, but not be limited to, approval concerning the inspection of cleared areas and areas benched to receive fill and the compaction of fills. When the director has cause to believe that geological factors may be involved, the grading operation will be required to conform to “engineered grading” requirements.

When areas of critically expansive soil or other soil problems are discovered only after the grading operation has commenced, the director may require that the grading operation conform to “engineered grading” requirements.

Notification of Compliance. If, in the course of fulfilling their responsibility under sections 8.300 to 8.338, the engineer, the registered geologist, the registered certified specialty geologist, or the testing agency finds that the work is not being done in conformance with sections 8.300 to 8.338, or the approved plans, the discrepancies shall be reported immediately in writing to the person in charge of the work and to the director. Recommendations for corrective measures, if necessary, shall be submitted.

Transfer of Responsibility for Approval. If the engineer, the registered geologist, or the registered certified specialty geologist, or the testing agency of record are changed during the course of work, the work shall be stopped until the replacement has agreed to accept the responsibility within the area of their technical competence for approval upon completion of the work.

[Section 8.336 amended by Ordinance No. 6335, enacted April 6, 2015]

8.338 Completion of Work.

Final Reports. Upon completion of the rough grading work and at the final completion of the work the director may require that the grading plan prepared by the engineer be supplemented or amended to show the final as-built conditions of the site, including the original ground surface elevations, the as-graded ground surface elevations lot drainage patterns and locations and elevations of all surface and subsurface drainage facilities. He or she shall provide approval that the work was done in accordance with the final approved grading plan.