This Part 6 shall be known as and cited as "The City of Evanston, Wyoming, Erosion Control Ordinance."
The purpose of this Part 6 is to safeguard life, limb, property, and the public welfare by providing criteria for design and construction of grading and surface contour changes associated with development or improvement of subdivisions, streets, drainage, and floodplain facilities and areas. The territorial jurisdiction of the regulations found in this chapter shall include all of the incorporated lands located within the City, and pursuant to Wyoming Statutes, 1977, annotated Republished Edition, section 15-3-202, such other territory peripheral to the City which is located within one-half mile of the corporate limits of the City. This Part 6 sets forth rules and regulations to control excavation and fill, clearing, grading, surface sheet flow drainage systems, and land shaping projects that are not a part of other areas of control.
As used in this Part 6, the following terms shall have the meanings indicated:
The surface elevation on completion of grading.
In place solid rock; a more or less continuous body of rock
which underlies the overburden soils.
Earth materials from an approved source installed in specified
layers and compacted using acceptable equipment and procedures subject
to inspection.
A relatively level ground surface at the top or toe of a
sloping ground surface.
Earth material acquired from an off-site location for use
in grading onsite.
The duly appointed registered City engineer or his authorized
agent, either employee of the City or an engineer under contract with
the City to represent and provide engineering services in behalf of
the City engineer.
A professional engineer registered in Wyoming to practice
in the discipline of civil works.
A narrow earth-walled or lined channel constructed to convey
surface water along a specified course.
The process of removing surface water from a given land area.
An earth-surfaced or lined watercourse designed to receive
and convey surface water to a collection system.
A geologist experienced in the application of geologic knowledge
and principles in the investigation and evaluation of naturally occurring
rock and soil for the use in the design of civil works.
The wearing away of the ground surface as a result of the
movement of the wind, water, and/or ice.
The artificial removal of earth material.
The grade prior to grading.
The deposit of earth material placed by artificial means.
The final grade of the site which conforms to the approved
plan.
The vertical elevation of the ground surface.
Any excavation or filling or combination thereof required
to bring the ground surface to the specified elevation and/or slope.
Property designated for the common use or benefit of two
or more property owners or agencies.
A natural or manmade watercourse or holding basin to which
surface runoff water flows.
Mandatory requirement, enforceable by law.
Any lot or parcel of land or contiguous combination thereof
under the same ownership where grading is performed or permitted.
An inclined ground surface, the inclination of which is expressed
as a ratio of horizontal distance to vertical distance.
A registered civil engineer experienced in the practice of
soil engineering.
A sinking or settlement of the finished grade such that it
poses a hazard, creates an erosion problem, or otherwise frustrates
the intent and purpose of approved grading scheme.
A.
Notification and submittal. Prior to the start of
any grading, clearing, or earthwork construction on any property greater
in size than one-half acre, the owner will be required to obtain from
the City a grading permit. Prior to obtaining this grading permit,
one copy of a grading plan showing existing topography, proposed topography,
drainage channels, temporary erosion control methods, erosion control
check list, vegetation preservation and protection plan, soil engineering
report or engineering geology report if required by City engineer,
and location of fill sites with soil properties of any fill used shall
be submitted with the application for the grading permit. To ensure
that the grading plan submitted fulfills the adopted standards and
policies of the City, the City council through its City engineer will
have the following authority and responsibilities:
(1)
Review of all grading plans;
(2)
Approval, disapproval, or conditional approval of
the grading plan. The reason for any disapproval or conditional approval
shall be stated in writing to the applicant;
(3)
The right to modify or vary the enforcement of these
rules hereunder where extraordinary hardship exists provided that
substantial justice is done and the public interest is secured. In
granting any such variance or modification, the City may require conditions
at will in its judgment to secure substantial compliance with the
general principles thereof;
(4)
Grant appeals to any person, firm, or corporation
from the decision of the City or the City engineer within fifteen
days after its decision.
B.
The following conditions are exceptions to this requirement:
(1)
An excavation below finished grade for basements and/or
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, nor exempt any excavation having
an unsupported height greater than five feet after the completion
of such structure;
(2)
Cemetery graves;
(3)
Refuse disposal sites controlled by other regulations;
(4)
Excavations for wells, tunnels, or utilities which
are otherwise covered by permit. However, as in (1) above, the excavated
material is not exempt;
(5)
Mining, quarrying, excavating, processing, stockpiling
of rocks, sand, gravel, aggregate, or clay where established and 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;
(6)
Exploratory excavations under the direction of soil
engineers or engineering geologists;
(7)
Farming operations where proper control measures are
taken to preclude surface runoff from transporting soil or debris
to adjacent property or public ways.
C.
Grading permit fee. A fee for each grading permit
shall be paid to the City based on the size of the area undergoing
earthwork. The fee shall cover the costs of the review by the City
engineer of the grading plan. The fee shall be set and established
by the governing body of the City of Evanston in its annual budget
resolution. The fee shall be levied against the property prior to
issuance of the grading permit.
[Amended 6-18-2024 by Ord. No. 24-05]
