Belmont Municipal Code Art. II General

All grading (cutting, filling, excavating, and other moving of earth) within the City of Belmont is subject to the standards set forth in this chapter. This chapter establishes requirements for grading permits, procedures for issuing grading permits, specifies minimum standards for grading and removal of vegetation, including protected trees, and provides for the enforcement of grading requirements.

(Ord. No. 854, § 1, 11-26-91)

The purposes of this chapter are to promote public health, safety and general welfare; protect property from erosion, ground movement, and flooding; limit the disturbance of natural terrain and vegetation to the minimum necessary to accommodate reasonable use of property; and encourage site preparation which is visually harmonious with surrounding land.

(Ord. No. 854, § 1, 11-26-91)

(a) All standards set forth in this chapter shall be construed as minimums.

(b) In conflict between provisions, the more restrictive provision shall govern.

(c) Nothing in this chapter shall be construed as dispensing with any permit which might be required under any other ordinance of the city or to permit the doing or omission of any act contrary to the terms of any other ordinance of the city.

(d) Any permit issued contrary to the terms of this chapter shall be void and of no effect.

(e) Any grading contrary to the terms of this chapter, or contrary to any permit issued under this chapter, is unlawful and a public nuisance.

(Ord. No. 854, § 1, 11-26-91)

For purposes of this chapter, the following definitions pertain:

(a) Arborist is a person registered with the International Society of arboriculture certified to apply the principles and practices of tree care and maintenance.

(b) As graded is the extent of surface conditions on completion of grading.

(c) Bedrock is in-place solid rock.

(d) Bench is relatively level step excavated into earth material on which fill is to be placed.

(e) Civil engineer is a professional engineer registered in the State of California to practice in the field of civil works.

(f) Compaction is the densification of a fill by mechanical means.

(g) Cubic yard is the amount of material excavated, filled or both. One (1) cubic yard is twenty-seven (27) cubic feet or an amount measuring three (3) feet by three (3) feet by three (3) feet.

(h) Cut is the mechanical removal of earth material from a slope.

(i) Earth material is any rock, natural soil or fill and/or any combination thereof.

(j) Engineering geologist is a geologist registered by the State of California who is certified to apply geologic information and principles to the design of civil works.

(k) Engineering geology investigation is a study of the geology of the site and the effects of geologic conditions on proposed development or adequacy of the site to be developed by the proposed grading.

(l) Erosion is the wearing away of the ground surface as a result of the movement of wind, water and/or ice.

(m) Excavation is the digging and removal of earth material.

(n) Fill is a deposit of earth material placed by artificial means.

(o) Geotechnical engineer (soil engineer or soils engineer) is a civil engineer licensed by the State of California as a geotechnical engineer with competence in soil mechanics, foundation engineering, and the engineering properties of earth materials.

(p) Geotechnical investigation is an investigation and engineering evaluation of earth materials including soil, rock, groundwater and manmade materials and their interaction with earth retention systems, structural foundations and other civil engineering works.

(q) Grade is the vertical location of the ground surface.

(r) Grade, existing is the grade prior to grading.

(s) Grade, finished is the final grade of the site which conforms to the approved plan.

(t) Grading is any excavating or filling or combination thereof. The volume of grading is the combined volume of material excavated and filled.

(u) Grading plan is a plot plan and supporting information as specified in section 9-25(d).

(v) Protected tree is defined in section 25-2.

(w) Natural ground is the surface of the ground prior to grading.

(x) Pregrading is the removal of vegetation and scarring of the ground surface, sometimes called clearing and grubbing, preliminary to grading.

(y) Site is any lot or parcel or contiguous combination thereof, under the same ownership, where grading is performed or permitted.

(z) Slope is an inclined ground surface the inclination of which can be expressed as a ratio of horizontal distance to vertical distance. Vertical distance divided by horizontal distance gives percent slope. Slope can also be expressed as the number of degrees in the angle formed by the intersection of the ground surface and the inclined surface.

(aa) Soil is naturally occurring superficial deposits overlying bedrock.

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

(cc) Tree is any tree with a trunk or multiple trunks with a circumference of nineteen (19) inches, or more, measured at twenty-four (24) inches above existing grade.

(dd) UBC is the Uniform Building Code as adopted by the City of Belmont.

(ee) Vegetation removal is removing plant materials from a site by cutting to the ground or stumps, extracting or spraying with herbicides.

(Ord. No. 854, § 1, 11-26-91; Ord. No. 920, 11-12-97)