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.
- BACKFILL MATERIALS
- 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.
- CITY ENGINEER
- 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.
- CIVIL 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.
- DRAINAGE CHANNEL
- An earth-surfaced or lined watercourse designed to receive and convey surface water to a collection system.
- ENGINEERING GEOLOGIST
- 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.
- EXISTING GRADE
- The grade prior to grading.
- The deposit of earth material placed by artificial means.
- FINISH GRADE
- 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.
- PUBLIC WAY
- Property designated for the common use or benefit of two or more property owners or agencies.
- RECEIVING WATERS
- 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.
- SOILS ENGINEER
- A registered civil engineer experienced in the practice of soil engineering.
- SUBSTANTIAL SUBSIDENCE
- 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.
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:
Review of all grading plans;
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;
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;
Grant appeals to any person, firm, or corporation from the decision of the City or the City engineer within fifteen days after its decision.
Prior to any clearing, grading, or earthwork construction on property smaller in size than one-half acre, the owner of said property will be required to comply with the technical requirements of this Part 6 prior to the issuance of a building permit for construction on said property.
The following conditions are exceptions to this requirement:
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;
Refuse disposal sites controlled by other regulations;
Excavations for wells, tunnels, or utilities which are otherwise covered by permit. However, as in (1) above, the excavated material is not exempt;
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;
Exploratory excavations under the direction of soil engineers or engineering geologists;
Farming operations where proper control measures are taken to preclude surface runoff from transporting soil or debris to adjacent property or public ways.
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 will be ten dollars per acre with any portion of an acre being rounded to the next higher whole number. The fee shall be levied against the property prior to issuance of the grading permit.