CHAPTER 6 GRADING

Except as specified in Subsection (2) of this section, no person shall do any grading without first having obtained a grading permit from the building official.

A grading permit is not required for the following:

when approved by the building official, grading in an isolated, self-contained area if there is no danger to private or public property.

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 made with the material from such excavation or exempt any excavation having an unsupported height greater than five feet (5') after the completion of such structure.

cemetery graves.

refuse disposal sites controlled by other regulations.

(e)

excavations for wells or tunnels or utilities.

(f)

mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where permitted by Title 11 of this Code or by other law or regulation.

(g)

exploratory excavations under the direction of soil engineers or engineering geologists.

(h)

an excavation which (i) is less than two feet (2') in depth, or (ii) which does not create a cut slope greater than 5 feet (5') in height and steeper than one and one half (1¾) horizontal to one (1) vertical.

(i)

a fill which does not exceed fifty (50) cubic yards on any one site and does not obstruct a drainage course and which (i) is less than one (1) foot in depth and placed on natural terrain with a slope flatter than five (5) horizontal to one (1) vertical, or (ii) is less than three (3) feet in depth, not intended to support structures.

(j)

grading for construction of any public street or other public work when the same has been approved by the governmental entity having jurisdiction.

(k)

any grading for which a permit has been issued pursuant to the Uniform Building Code adopted by Chapter 1 of this Title.

Exemption from the permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter or any other laws or ordinances.

The exemptions provided by subsections (2)(e), (f), (h) and (i) shall not apply within the H-1 Hillside Zone.

(Adopted by Ordinance No. 6-95; amended by Ordinance No. 18-97)

§ 10-6-103 Hazards.

Whenever the building official 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 building official, 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 chapter.

(Adopted by Ordinance No. 6-95)

§ 10-6-104 Definitions.

For the purposes of this chapter the definitions listed hereunder shall be construed as specified in this section:

"Approval"

shall mean the proposed work or completed work conforms to this chapter in the opinion of the building official.

"As-Graded"

is the extent of surface conditions on completion of grading.

"Bedrock"

is in-place solid rock.

"Bench"

is a relatively level step excavated into earth material on which fill is to be placed.

"Borrow"

is earth material acquired from an off-site location for use in grading on a site.

(6)

"Building Official"

is the official appointed to administer and enforce the Uniform Building Code adopted by Chapter 1 of this Title.

(7)

"Civil Engineer"

is a professional engineer registered in the state to practice in the field of civil works.

(8)

"Civil Engineering"

is 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.

(9)

"Compaction"

is the densification of a fill by mechanical means.

(10)

"Earth Material"

is any rock, natural soil or fill or any combination thereof.

(11)

"Engineering Geologist"

is a geologist experienced and knowledgeable in engineering geology.

(12)

"Engineering Geology"

is 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.

(13)

"Erosion"

is the wearing away of the ground surface as a result of the movement of wind, water or ice.

(14)

"Excavation"

is the mechanical removal of earth material.

(15)

"Fill"

is a deposit of earth material placed by artificial means.

(16)

"Grade"

is the vertical location of the ground surface.

"Existing Grade"

is the grade prior to grading.

"Rough Grade"

is the stage at which the grade approximately conforms to the approved plan.

"Professional Inspection"

"Finish Grade"

is the final grade of the site which conforms to the approved plan.

(17)

"Grading"

is any excavating or filling or combination thereof.

(18)

"Key"

is a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope.

(19)

is the inspection required by this chapter to be performed by the civil engineer, soils engineer or engineering geologist. Such inspections include that performed by persons supervised by such engineers or geologists and shall be sufficient to form an opinion relating to the conduct of the work.

(20)

"Site"

is any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.

(21)

"Slope"

is an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

(22)

"Soil"

is naturally occurring superficial deposits overlying bedrock.

(23)

"Soils Engineering"

is the application of the principles of soils mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection or testing of the construction thereof.

(24)

"Terrace"

is a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.

(Adopted by Ordinance No. 6-95)

§ 10-6-105 Grading Permits.

Except as exempted in 10-6-102(2), no person shall do any grading without first obtaining a grading permit from the building official. A separate permit shall be obtained for each site, and may cover both excavation and fills.

To obtain a permit required by this chapter, the applicant shall file an application therefor in writing on a form furnished by the City for that purpose. Each application shall:

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

describe the land on which the proposed work is to be done by legal description, street address or similar description that will identify and definitely locate the proposed work;

indicate the purpose for which the proposed work is intended;

be accompanied by plans, diagrams, computations, and specifications showing the existing grade, finish grade, depth of cut, depth of fill, quantity of grading, and all cut and fill slopes;

(e)

be signed by applicant or applicant's authorized agent;

(f)

include copies of written approval from governmental authorities having jurisdiction if the building official reasonably believes that the grading may affect any stream or wetland; and

(g)

give such other data and information as may be required by the building official.

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 chooses to have the grading performed as engineered grading, or the building official determines that special conditions or unusual hazards exist, in which case grading shall conform to the requirements for engineered grading.

Application for a grading permit for engineered grading shall be accompanied by two sets of plans and specifications, and supporting data consisting of a soils engineering report and engineering geology report. The plans and specifications shall be prepared and signed by an individual licensed by the state to prepare such plans or specifications when required by the building official.

Specifications shall contain information covering construction and material requirements.

Plans shall be drawn to scale upon substantial paper or Mylar and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that the work will conform to the provisions 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, the name and address of the owner and the person by whom they were prepared.

The plans shall include the following information:

(i)

general vicinity of the proposed site;

(ii)

property limits and accurate contours of existing ground and details of terrain and area drainage;

(iii)

limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction;

(iv)

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;

(v)

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 fifteen feet (15') of the property or which may be affected by the proposed grading operations;

(vi)

recommendations included in the soils engineering report and the engineering geology report shall be incorporated in the grading plans or specifications. When approved by the building official, specific recommendations contained in the soils engineering report and the engineering geology report, which are applicable to grading, may be included by reference; and

(vii)

the dates of the soils engineering and engineering geology reports together with the names, addresses and phone numbers of the firms or individuals who prepared the reports.

The soils engineering report required by subsection (4) shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures, including buttress fills, when necessary, and opinion on adequacy for the intended use of sites to be developed by the proposed grading as affected by soils engineering factors, including the stability of slopes.

(6)

The engineering geology report required by subsection (4) 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 opinion on the adequacy for the intended use of sites to be developed by the proposed grading, as affected by geologic factors.

(7)

Each application for a grading permit for regular grading shall be accompanied by a plan in sufficient clarity to indicate the nature and extent of the work. The plans shall give the location of the work, the name of the owner and the name of the person who prepared the plan. The plan shall include the following information:

general vicinity of the proposed site.

limiting dimensions and depth of cut and fill.

location of any buildings or structures where work is to be performed, and the location of any buildings or structures within fifteen feet (15') of the proposed grading.

(8)

The application, plans, specifications, computations and other data filed by an applicant for permit shall be reviewed by the building official. Such plans may be reviewed by other departments of the City to verify compliance with any applicable laws and ordinances under their jurisdiction. If the building official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this chapter and other pertinent laws and ordinances, and that the fees specified in Section 10-6-106 have been paid, the building official shall issue a permit therefor to the applicant.

When the building official issues the permit where plans are required, the building official shall endorse in writing or stamp the plans and specifications "APPROVED" and endorse thereon the date of approval. Such approved plans and specifications shall not be changed, modified or altered without authorization from the building official, and all work regulated by this chapter shall be done in accordance with the approved plans.

The building official 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.

The building official may require professional inspection and testing by the soils engineer.

(Adopted by Ordinance No. 6-95)

§ 10-6-106 Fees.

When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be as set forth in the following table:

GRADING PLAN REVIEW FEES
50 cubic yards or less	No fee
51 to 100 cubic yards	$15.00
101 to 1,000 cubic yards	$22.50
1,001 to 10,000 cubic yards	$30.00
10,001 to 100,000 cubic yards--$30.00 for the first 10,000 cubic yards, plus $15.00 for each additional 10,000 yards or fraction thereof.
100,001 to 200,000 cubic yards--$165.00 for the first 100,000 cubic yards, plus $9.00 for each additional 10,000 cubic yards or fraction thereof.
200,001 cubic yards or more--$255.00 for the first 200,000 cubic yards, plus $4.50 for each additional 10,000 cubic yards or fraction thereof.
Other Fees:
Additional plan review required by changes, additions or revisions to approved plans (minimum charge–one-half hour)	$35.00 per hour
For excavation and fill on the same site, the fee shall be based on the volume of excavation or fill, whichever is greater.

A fee for each grading permit shall be paid to the building official as set forth in the following table:

GRADING PERMIT FEES
50 cubic yards or less	$15.00
51 to 100 cubic yards	$22.50
101 to 1,000 cubic yards--$22.50 for the first 100 cubic yards, plus $10.50 for each additional 100 cubic yards or fraction thereof.
1,001 to 10,000 cubic yards--$117.00 for the first 1,000 cubic yards, plus $9.00 for each additional 1,000 cubic yards or fraction thereof.
10,001 to 100,000 cubic yards--$198.00 for the first 10,000 cubic yards, plus $40.50 for each additional 10,000 cubic yards or fraction thereof.
100,001 cubic yards or more--$562.50 for the first 100,000 cubic yards, plus $22.50 for each additional 10,000 cubic yards or fraction thereof.
Other Inspections and Fees:
1. Inspections outside of normal business hours (minimum charge–two hours)	$35.00 per hour
2. Reinspection fees	$35.00 per hour
3. Inspections for which no fee is specifically indicated (minimum charge–one-half hour)	$35.00 per hour

Separate plan review fees and permit fees shall apply to retaining walls or major drainage structures for which permits are required by the Uniform Building Code adopted by Chapter 1 of this Title. There shall be no separate charge for standard terrace drains and similar facilities.

(Adopted by Ordinance No. 6-95)

§ 10-6-107 Bonds.

The building official may require bonds in such form and amounts as may be deemed necessary to assure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions. The building official may require bonds in such form and amounts as may be deemed necessary to assure that any damage to public improvements which may occur during the work will be corrected. In lieu of a surety bond the applicant may file a cash bond or instrument of credit with the building official in an amount equal to that which would be required in the surety bond.

(Adopted by Ordinance No. 6-95)

§ 10-6-201 Cuts.

Unless otherwise recommended in the approved soils engineering or engineering geology report, cuts shall conform to the provisions of this section. In the absence of an approved soils engineering report, these provisions may be waived for minor cuts not intended to support structures.

The slope of cut surfaces shall be no steeper than is safe for the intended use and shall be no steeper than two (2) horizontal to one (1) vertical unless the permittee furnishes a soils engineering or an engineering geology report, or both, stating that the site has been investigated and giving an opinion that a cut at a steeper slope will be stable and not create a hazard to public or private property.

(Adopted by Ordinance No. 6-95)

§ 10-6-202 Fills.

Unless otherwise recommended in the approved soils engineering report, fills shall conform to the provisions of this section. In the absence of an approved soils engineering report, these provisions may be waived for minor fills not intended to support structures.

Fill slopes shall not be constructed on natural slopes steeper than two to one (2:1). The ground surface shall be prepared to receive fill by removing vegetation, non-complying fill, topsoil and other unsuitable materials scarifying to provide a bond with the new fill and, where slopes are steeper than five to one (5:1) and the height is greater than five feet (5'), by benching into sound bedrock or other competent material as determined by the soils engineer. The bench under the toe of a fill on a slope steeper than 5:1 shall be at least 10 feet (10') wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. When fill is to be placed over a cut, the bench under the toe of fill shall be at least 10 feet (10') wide but the cut shall be made before placing the fill and accepted by the soils engineer or engineering geologist or both as a suitable foundation for fill.

Detrimental amounts of organic material shall not be permitted in fills. Except as permitted by the building official, no rock or similar irreducible material with a maximum dimension greater than 12 inches (12') shall be buried or placed in fills. The building official may permit placement of larger rock when the soils engineer properly devises a method of placement, and continuously inspects its placement and approves the fill stability.

All fills shall be compacted to a minimum of 90 percent (90%) of maximum density.

The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than two (2) horizontal to one (1) vertical.

(Adopted by Ordinance No. 6-95)

§ 10-6-203 Setbacks.

Cut and fill slopes shall be set back from site boundaries in accordance with this section. Setback dimensions shall be horizontal distances measured perpendicular to the site boundary. Setback dimensions shall be as shown below:

The top of cut slopes shall not be made nearer to a site boundary line than one-fifth (1/5) of the vertical height of cut with a minimum of two feet (2') and a maximum of ten feet (10'). The setback may need to be increased for any required interceptor drains.

The toe of fill slope shall be made not nearer to the site boundary line than one-half (1/2) the height of the slope with a minimum of two feet (2') and a maximum of twenty feet (20'). Where a fill slope is to be located near the site boundary and the adjacent off-site property is developed, special precautions shall be incorporated in the work as the building official deems necessary to protect the adjoining property from damage as a result of such grading. These precautions may include but are not limited to:

additional setbacks.

provision for retaining or slough walls.

mechanical or chemical treatment of the fill slope surface to minimize erosion.

provisions for the control of surface waters.

The building official may approve alternate setbacks. The building official may require an investigation and recommendation by a qualified engineer or engineering geologist to demonstrate that the intent of this section has been satisfied.

(Adopted by Ordinance No. 6-95)

§ 10-6-204 Drainage and Terracing.

Unless otherwise indicated on the approved grading plan, drainage facilities and terracing shall conform to the provisions of this section for cut or fill slopes steeper than three (3) horizontal to one (1) vertical.

Terraces at least six feet (6') in width shall be established at not more than thirty-foot (30') vertical intervals on all cut or fill slopes to control surface drainage and debris except that where only one terrace is required, it shall be at mid-height. For cut or fill slopes greater than sixty feet (60') and up to 120 feet in vertical height, one terrace at approximately mid-height shall be twelve feet (12') in width. Terrace widths and spacing for cut and fill slopes greater than 120 feet in height shall be designed by the civil engineer and approved by the building official. Suitable access shall be provided to permit proper cleaning and maintenance.

Swales or ditches on terraces shall have a minimum gradient of 5 percent (5%) and must be paved with reinforced concrete not less than three inches (3') in thickness or an approved equal paving. They shall have a minimum depth at the deepest point of one foot (1') and a minimum paved width of five feet (5').

A single run of swale or ditch shall not collect runoff from a tributary area exceeding 13,500 square feet (projected) without discharging into a down drain.

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

All drainage facilities shall be designed to carry waters to the nearest practicable drainage way approved by the building official or other appropriate official as a safe place to deposit such waters. Erosion of ground in the area of discharge shall be prevented by installation of non-erosive down drains or other devices. Building pads shall have a drainage gradient of two percent (2%) toward approved drainage facilities, unless waived by the building official. The gradient from the building pad may be one percent (1%) if all of the following conditions exist throughout the permit area:

no proposed fills are greater than ten feet (10') in maximum depth.

no proposed finish cut or fill slope faces have a vertical height in excess of ten feet (10').

no existing slope faces, which have a slope face steeper than ten (10) horizontal to one (1) vertical, have a vertical height in excess of ten feet (10').

Paved interceptor drains shall be installed along the top of all cut slopes where the tributary drainage area above slopes toward the cut and has a drainage path greater than forty feet (40') measured horizontally. Interceptor drains shall be paved with a minimum of three inches (3") of concrete or gunite and reinforced. They shall have a minimum depth of twelve inches (12") and a minimum paved width of thirty inches (30') measured horizontally across the drain. The slope of drain shall be approved by the building official.

(Adopted by Ordinance No. 6-95)

§ 10-6-205 Erosion Control.

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.

Where necessary, check dams, cribbing, rip-rap or other devices or methods shall be employed to control erosion and provide safety.

(Adopted by Ordinance No. 6-95)

§ 10-6-301 Grading Inspection.

Grading operations for which a permit is required shall be subject to inspection by the building official. Professional inspection of grading operations shall be provided by the civil engineer, soils engineer and the engineering geologist retained to provide such services in accordance with subsection (5) for engineered grading and as required by the building official for regular grading.

The civil engineer shall provide professional inspection within such engineer's area of technical specialty, which shall consist of observation and review as to the establishment of line, grade and surface drainage of the development area. If revised plans are required during the course of the work they shall be prepared by the civil engineer.

The soils engineer shall provide professional inspection within such engineer's area of technical specialty, which shall include observation during grading and testing for required compaction. The soils engineer shall provide sufficient observation during the preparation of the natural ground and placement and compaction of the fill to verify that such work is being performed in accordance with the conditions of the approved plan and the appropriate requirements of this chapter. Revised recommendations relating to conditions differing from the approved soils engineering and engineering geology reports shall be submitted to the permittee, the building official and the civil engineer.

The engineering geologist shall provide professional inspection within such engineer's area of technical specialty, which shall include professional inspection of the bedrock excavation to determine if conditions encountered are in conformance with the approved report. Revised recommendations relating to conditions differing from the approved engineering geology report shall be submitted to the soils engineer.

The permittee shall be responsible for the work to be performed in accordance with the approved plans and specifications and in conformance with the provisions of this code, and the permittee shall engage consultants, if required, to provide professional inspections on a timely basis. The permittee shall act as a coordinator between the consultants, the contractor and the building official. In the event of changed conditions, the permittee shall be responsible for informing the building official of such change and shall provide revised plans for approval.

(6)

The building official shall inspect the project at the various stages of work requiring approval to determine that adequate control is being exercised by the professional consultants.

(7)

If, in the course of fulfilling their respective duties under this chapter, the civil engineer, the soils engineer or the engineering geologist finds that the work is not being done in conformance with this chapter or the approved grading plans, the discrepancies shall be reported immediately in writing to the permittee and to the building official.

(8)

If the civil engineer, the soils engineer, or the engineering geologist of record is changed during grading, the work shall be stopped until the replacement has agreed in writing to accept their responsibility within the area of technical competence for approval upon completion of the work. It shall be the duty of the permittee to notify the building official in writing of such change prior to the recommencement of such grading.

(Adopted by Ordinance No. 6-95)

§ 10-6-302 Completion of Work.

Upon completion of the rough grading work and at the final completion of the work, the following reports and drawings and supplements thereto are required for engineered grading or when professional inspection is performed for regular grading, as applicable:

An as-built grading plan prepared by the civil engineer retained to provide such services in accordance with Section 10-6-301(5) showing original ground surface elevations, as-graded ground surface elevations, lot drainage patterns, and the locations and elevations of surface drainage facilities and of the outlets of subsurface drains. As-constructed locations, elevations and details of the subsurface drains shall be shown as reported by the soils engineer. Civil engineers shall state that to the best of their knowledge the work within their area of responsibility was done in accordance with the final approved grading plan.

A report prepared by the soils engineer retained to provide such services in accordance with Section 10-6-301(5), including locations and elevations of field density tests, summaries of field and laboratory tests, other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the approved soils engineering investigation report. Soils engineers shall submit a statement that, to the best of their knowledge, the work within their area of responsibilities is in accordance with the approved soils engineering report and applicable provisions of this chapter.

A report prepared by the engineering geologist retained to provide such services in accordance with Section 10-6-301(5), including a final description of the geology of the site and any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. Engineering geologists shall submit a statement that, to the best of their knowledge, the work within their area of responsibility is in accordance with the approved engineering geologist report and applicable provisions of this chapter.

The grading contractor shall submit in a form prescribed by the building official a statement of conformance to said as-built plan and the specifications.