Clayton Municipal Code Ch. 15.60 Grading Rules and Regulations

This ordinance sets forth regulations for control of land disturbances, excavation, grading, earthwork construction, including fills or embankments, soil storage, and all related land development work.

(Ord. 237, 1987)

The purpose of this Chapter is to provide minimum standards and procedures to protect the public interest by managing construction practice.

(Ord. 237, 1987)

No person shall perform any work within the scope of this Chapter without first having obtained a permit from the City of Clayton or other agency acting for the City.

(Ord. 237, 1987)

A grading permit is required prior to commencing work under any of the following conditions:

A. The area of land to be disturbed exceeds one acre;

B. Embankment exceed one foot in elevation or five (5) cubic yards in volume, and obstructs a drainage course;

C. Natural or finished slopes exceed ten percent (10%);

D. Stockpiling of soil or other erosionable materials;

E. Work that occurs during or continues into the Erosion Control Period running from October 15th to April 15th;

F. Water course alteration - no person shall alter an existing watercourse, channel, or revetment by excavating, or placing fill, rock protection or structural improvements without a grading permit, unless waived by the City Engineer for performance as an interim protection measure under emergency flood fighting conditions.

(Ord. 237, 1987)

A grading permit will not be required for:

A. An excavation below finished grade for basements and footings of a building, retaining wall, swimming pool or other structure authorized by a valid building permit. This statement shall not exempt from permit requirements any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five (5) feet after the completion of such structure;

B. Cemetery graves;

C. Refuse disposal sites controlled by other regulations;

D. Excavations for wells or tunnels or utilities;

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

F. Exploratory excavation under the direction of soil engineers or engineering geologists, provided all excavations are properly backfilled. All such excavations and trenches are subject to the applicable Sections of Title 8 of the State Orders, Divisions of Industrial Safety;

G. Excavation and backfill for installation of underground utilities by public utilities or companies operating under the authority of a franchise or public property encroachment permit.

H. Emergency work as authorized by the City necessary to protect life, limb or property or to maintain the safety, use or stability of public way.

(Ord. 237, 1987)

To obtain a permit the applicant shall first file a written application on an approved form containing the following information:

A. It shall describe the site by lot, block and tract designation, and by a street address or similar description sufficient to readily identify it;

B. It shall state the name and address of the owner of the site, the person who is to perform the work, and the soil and civil engineer if such work is to be performed as supervised grading. The permit shall be issued only to the owner or his agent;

C. An estimate of the work starting and completion dates covered by the permit;

D. The city business license number of the contractor performing the work;

E. Signature and address of the applicant. The application for a grading permit shall be accompanied by two (2) sets of plans and specifications, and supporting data consisting of a soils engineering report and engineering geology report plus any additional material which the city deems necessary to show conformance of the proposed grading with the requirements of this chapter.

In the case of subdivisions, the approval to proceed by the City Engineer after having signed grading plans and having received all required bonds, fees, agreements and deeds, shall constitute the issuance of a grading permit. Grading shall be defined as an improvement for the purposes of the subdivision improvement agreement.

(Ord. 237, 1987)

Plans shall be drawn to scale upon substantial paper, cloth, or mylar and be of sufficient clarity to indicate the nature and extent of the work proposed. The first sheet of each set of plans shall give the location of the work and the name and address of the owner and the person by whom they were prepared.

The plans shall include the following information:

A. Vicinity map showing location of site;

B. Property limits and accurate contours of existing ground at an interval and to an extent to be determined by the City Engineer;

C. Limiting dimensions, elevations and/or finish contours to be achieved by grading, and proposed drainage channels and related construction;

D. Detailed plans of all surface and subsurface drainage including any hydrologic or hydraulic calculations that may be required by the City Engineer;

E. Location of any buildings or structures, wells, or suspected wells 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 (15) feet of the property or may be affected by the proposed grading operations;

F. A statement of the quantities of material to be excavated, filled, stored or otherwise utilized on site, and the amount of material to be imported to or exported from the site;

G. A statement of the estimated starting and completion dates for work covered by the permit;

H. Location of proposed interim and final surface runoff, erosion and sediment control measures;

I. A statement by the soils engineer that the plans and specifications conform to the recommendations of the soils reports.

J. The location, circumference, species and approximate elevation at the base of all trees within the proposed limits of work and trees adjacent to the property which may be affected by the proposed grading operations.

The specifications shall contain information covering construction and material requirements.

(Ord. 237, 1987)

The soils engineering report required by Section 15.60.060 of this chapter shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures when necessary, and opinions and recommendations covering adequacy of sites to be developed by the proposed grading, including the stability of slopes.

Recommendations included in the report and approved by the City Engineer shall be incorporated in the plans and specifications.

(Ord. 237, 1987)

The engineering geology report required by Section 15.60.060 of this Chapter 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 opinions and recommendations covering the adequacy of sites to be developed by the proposed grading.

Recommendations included in the report and approved by the City Engineer shall be incorporated in the plans and specifications.

An engineering geology report may be waived by the City upon recommendation of the soils engineer to waive this requirement for relatively small and/or flat sites, and when in the opinion of the City Engineer that a conservative design will more than compensate for the lack of in-place data.

(Ord. 237, 1987)

A filing fee of one hundred fifty dollars ($150.00) shall be paid with each application. Further fees for plan checking and inspection shall be charged to and paid by the applicant based upon the expense of staff's time, based upon the hourly rate, as modified from time to time, charged the City by its consultant engineer. All fees and charges may hereafter be amended from time to time by resolution of the City Council.

(Ord. 237, 1987)

The City may require the applicant, as a condition of issuing a grading permit, to post a surety bond or cash deposit in an amount as determined by the City. The surety and/or cash deposit shall be of sufficient amount to insure compliance with the conditions the permit, this chapter, and to repair any damage that may result from the grading.

Should the permittee fail to comply with the conditions of approval or to repair damage upon request by the City, the City shall give a notice of default to the permittee and surety of the bond. The notice shall state:

A. The work to be completed and/or repairs to be made;

B. The time in which all work is to be completed.

After receiving a notice of default the surety shall have the required work performed within the time specified in the notice.

Should the required work not be completed within the time specified by the City, the City may cause such work to be done and deduct the cost thereof from any cash deposit or collect such amount from the surety.

Sureties or the remaining portion of any cash deposit will be released only upon satisfactory completion of the work and completion of any required warranty period. Warranty periods shall not exceed twelve (12) months from the City's formal acceptance of the improvements.

Performance bonds for subdivisions shall be in accordance with the requirements of Ordinance No. 235, Establishing Regulations for Land Development and Subdivisions.

(Ord. 237, 1987)

The permittee shall fully perform and complete all of the work required to be done pursuant to the permit within the time limit specified, if no time is so specified, within one hundred eighty (180) days after the date of issuance of the permit.

Every permit issued shall expire by limitation and become null and void if the work authorized by such permit is not commences within ninety (90) days from the date of such permit or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of ninety (90) days.

If the permittee presents satisfactory reasons for failure to continue or begin the work within the period specified in this section, the City Engineer, upon receiving a written request, may grant an extension of time as specified in this section without additional filing and plan checking fees, provided that:

A. No changes have been made in the original plans and specifications for such work.

B. Suspension or abandonment has not exceeded one hundred eighty (180) days.

C. Pertinent surety is in place for the extended time period.

The City may extend the ninety (90) day expiration time limit on permits not to exceed two (2) successive periods of ninety (90) days each upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken.

(Ord. 237, 1987)

One copy of approved plans and specifications shall be kept on the site at all times during the progress of grading work.

All grading and noise therefrom including, but not limited to, warming of equipment motors in residential zones, or within one thousand (1,000) feet of any residential occupancy shall be limited between the hours of 7:00 a.m. and 5:30 p.m. weekdays, unless an emergency exists which would constitute a hazard to persons or property.

Stockpiling of materials shall be subject to City approval and shall be removed or relocated when required for public health or safety.

The permit applicant and grading contractor shall be responsible for the protection of adjacent properties during grading operations. Prior to commencing any grading of the site, the exterior boundaries shall be marked as required by the City Engineer. Boundary markers shall be maintained throughout the grading operation. Temporary barriers and/or protective fencing shall be used when necessary to protect adjacent properties.

No grading shall be conducted as to alter the established gradient of natural drainage channels as to cause erosion or flooding.

Prior to October 15th, all exposed banks or slopes of any fill or excavation shall be protected from erosion by approved planting, hydroseeding, cribbing, walls or terracing or a combination thereof. Other unprotected graded surfaces exceeding five thousand (5,000) square feet in area shall be planted paved or built upon, or shall be provided with berms and approved drainage facilities adequate to prevent erosion and to conduct the accumulation of runoff of surface waters to an approved place of discharge. It is the intent of this section to prohibit the abandonment of graded areas or slopes which are not provided with erosion protection and adequate drainage facilities, even though all other requirements in this section have been provided and approved.

All building site pads shall be graded to provide drainage to a street, natural watercourse, approved flood control channel or conduit or public easement for drainage purposes as approved by the City.

Whenever any portion of the work required entry onto adjacent property for any reason, the permit applicant shall obtain a right of entry from the adjacent property owner or his authorized representative in a form acceptable to the City and shall file a copy of the fully executed right of entry with the City prior to issuance of the grading permit and/or approval of the grading plans.

Fills - where slopes are steeper that five (5) horizontal to one vertical, the surface to receive fill shall be benched into stable bedrock or other stable competent material, as determined by the soil engineer or engineering geologist;

All fill materials shall be compacted to a minimum of ninety percent (90%) of maximum density as determined by ASTM Test Designation D 1557 (latest revision date) or an equivalent method approved by the City Engineer. The City Engineer may require that the soil tests or testing be performed by an approved testing laboratory.

Fill slopes shall be no steeper than two (2) vertical (2:1), unless otherwise justified in the soil engineering report and approved by the City Engineer. The slope of fill surfaces shall be no steeper than is safe for the intended use.

Erosion Control Standards - The minimum erosion control standards shall be as approved by the City Engineer and shall conform to the Erosion Control Standard Plans and Design Criteria on file with the City Engineer.

(Ord. 237, 1987)

The tops and toes of cut and fill slopes shall be set back from property lines and structures as far as necessary to provide for safety of adjacent property, safety of pedestrian and vehicular traffic, required slop rounding, adequate foundation support, required swales, berms and drainage facilities and applicable zoning requirements.

The setbacks and other restrictions specified by this section may be adjusted by the City Engineer upon the recommendations of a civil engineer, soils engineer or engineering geologist. Retaining walls may be used to reduce the required setbacks when approved by the City Engineer. (See Figure 1 - Building Setbacks)

(Ord. 237, 1987)

Terraces at least eight (8) feet in width shall be established at not more than thirty (30) foot vertical intervals, subject to maximum height limitations, to control surface drainage and debris on cut or fill slopes. Suitable access shall be provided to permit proper cleaning and maintenance. Swales or ditches on terraces shall have a minimum gradient of three (3) inches in thickness. They shall have a minimum depth of one foot at the center and a minimum paved width of thirty-two (32) inches. These minimums may be increased to accommodate actual design flow.

(Ord. 237, 1987)

The movement of earth materials in excess of fifty (50) cubic yards either within, to, or from a site located within one-half mile of a structure for human occupancy shall require the periodic implementation of dust control measures. On projects as determined by the City engineer, a water truck shall be continuously present on-site to assure maximum control.

On project sites where earth materials are moved on public roadways from or to the site either water or dust palliative or both must be applied for the alleviation or prevention of excessive dust resulting from the leading or transportation of earth from or to the project site on public roadways. The permittee shall be responsible for maintaining public rights-of-way used for handling purposes in a condition free of dust, earth, or debris attributed to the grading operation.

(Ord. 237, 1987)

All changes in the plans, grades, or extent of work shall be submitted to the City Engineer for written approval and incorporation into the permit, accompanied by any necessary fees, before any change in the approved work is begun. The City Engineer may amend the permit to approve altered plans, or may deny approval of the changes.

Failure to obtain prior approval for any change in the work shall be cause for the City Engineer to order suspension of all work until approval is obtained, and may result in revocation of the permit if he deems the changes will increase the hazard to adjoining properties or public roads, or otherwise be detrimental to public welfare.

(Ord. 237, 1987)

Whenever the City determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb, or endangers or damages 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 the property, upon receipt of notice in writing from the City, shall, within the period specified, therein repair or eliminate such excavation or embankment so as to eliminate the hazard.

(Ord. 237, 1987)

If, in the course of fulfilling their responsibility under this code, the civil engineer, the soil engineer, the engineering geologist, or the testing agency finds that the work is not being done in conformance with the provisions of the approved specifications and grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and to the City Engineer. Recommendations for corrective measures, if necessary, shall be submitted to the owner. The owner shall submit two (2) copies of all recommendations and reports to the City Engineer.

(Ord. 237, 1987)

Suspension and revocation (a) Grounds: A permit may be either suspended or revoked if the City Engineer finds that:

A. Conditions at the site vary appreciably from those shown and stated in the application and development plans;

B. Grading or construction does not conform to the approved plans, grades or other conditions of the permit;

C. The permittee has not complied with reasonable requirements for completion of the work within the time specified in the permit or an approved extension of time;

D. The permittee does not comply with reasonable requirements to safeguard the workmen, the public, or other persons, acting in a lawful manner, during grading or construction operations;

E. In transporting materials or in the operation of equipment the applicant causes materials or litter to encroach, obstruct, or be deposited on pavement or in drainage channels within the public right-of-way, or causes unauthorized obstruction or diversion of drainage channels within the site area;

F. Failure to have a qualified inspector working under the soil engineer on the site during grading or construction when required;

G. In the event any person holding a grading permit pursuant to this chapter violates the terms of the grading permit, or conducts or carries on the grading in such a manner as to materially affect adversely the health, welfare or safety of persons residing or working in the neighborhood of the property of the permittee, or conducts or carries on the grading is materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the City shall revoke or suspend the grading permit and a temporary suspension may be made effective immediately upon notification by the City.

(Ord. 237, 1987)

If the applicant ceases work or is issued a stop work order for any reason before the work is completed, he shall take all necessary steps to leave the premises in a condition that will be safe and will not cause damage to adjoining properties or to any natural or artificial drainage facilities through erosion of materials, landslides, or other instability of slopes and materials.

(Ord. 237, 1987)

It shall be a infraction for any person to perform work in the following manner:

A. Work is done without required permit;

B. Work is not in compliance with the approved plan;

C. Work continues in violation of a stop work order.

(Ord. 237, 1987)

Any person aggrieved by a decision of the City Engineer or other City staff member administering this Chapter may appeal in accordance with the provisions of Article V. Sections 12.04.600—12.04.630 of Title 12 of the Clayton Municipal Code (also being Part 6 Sections 53 through 58 of Ordinance No. 37), provided that an appeal fee shall be paid at the time the appeal is filed in the amount of fifty dollars ($50.00), or such other amount as the City Council may fix from time to time by resolution.

(Ord. 237, 1987)

The City may also enforce this Chapter by civil remedies of injunction or other relief through civil action against any person violating the Code. The procedures for enforcement of a Permit, as set forth herein, are cumulative and not exclusive.

(Ord. 237, 1987)

Neither this Chapter nor any administrative decision made under it:

A. Exempts the permittee from procuring other required permits or complying with the requirements and conditions of such a permit; or

B. Limits the right of any person to maintain, at any time any appropriate action, at law or in equity for relief or damages against the Permittee arising from the permitted activity.

(Ord. 237, 1987)

A. The City Engineer is authorized to inspect and initiate enforcement procedures as necessary;

B. It shall be the responsibility of the owner's registered civil engineer to supervise the operations and to coordinate site inspection to assure compliance of the work with approved grading plan. Immediately upon completion of the work, the civil engineer, when required by the City Engineer, shall submit an as-built grading plan showing original ground surface elevations, as graded ground surface elevations, lot drainage and location of all surface and subsurface drainage facilities.

C. The owner's registered soils engineer shall submit work progress schedules as required by the City Engineer as well as a final report at the conclusion of the grading operation which describes the work accomplished, the method of operations, and provides results of all tests performed by the soils engineer during the work. The final report shall be accompanied by a declaration from the soils engineer and geologist, in the form required by the City Engineer, that states that all work was done in accordance with the recommendations contained in the soil and geologic investigation reports as approved by the City Engineer and the approved plans and specifications.

D. The permittee or his agent shall notify the City Engineer when the grading operation is ready for final inspection. All work including installation of all drainage facilities and their protective devices and all erosion control measures must be completed in accordance with the final approved grading plan and the required reports approved by the City Engineer before final approval of the grading permit is given by the City Engineer. He may approve the grading work prior to completion of all work in special cases of extreme hardship and if no hazard exists and an adequate bond is posted to assure completion of all remaining work.

(Ord. 237, 1987)

The permittee, permittee's contractors and agents shall indemnify and save harmless the City of Clayton and all officers, employees, consultants connected with the work, from all claims, suits or actions of every name, kind and description, brought for, or on account of, injuries to or death of any person or damage to property resulting from the issuance of the grading permits, construction of the work or by or in consequence of any negligence in guarding the work, use of improper materials in construction of the work, or by or on account of any act or omission by the permittee or permittee's agents.

(Ord. 237, 1987)