Colfax Municipal Code Art. I Purpose and Definitions

This chapter shall be known as the grading ordinance of the city of Colfax.

(Ord. 483 (Exh. A) (part), 2005)

This chapter shall be administered for the city of Colfax by the city engineer and city manager.

(Ord. 483 (Exh. A) (part), 2005)

This chapter is enacted for the purpose of regulating grading on private property within the incorporated area of the city of Colfax to safeguard public health, safety, and public welfare, to reduce environmental damage due to premature soil disturbance and removal of vegetation, to reduce pollution of watercourses with nutrients, sediments, or other earthen materials generated on or caused by surface runoff on or across the permit area; and to ensure that the intended use of a graded site is consistent with the Colfax Area General Plan, any specific plans adopted thereto and applicable city of Colfax ordinances including the zoning ordinance and Appendix Chapter 33 of the Uniform Building Code. In the event of conflict between UBC Appendix Chapter 33 and this ordinance, the provisions of this ordinance will prevail.

(Ord. 483 (Exh. A) (part), 2005)

This chapter shall be prospective in operation only. The provisions of this chapter shall not apply to existing construction for which all previously necessary permits were obtained. Said provisions shall also not apply to a project or development not yet constructed provided that an appropriate permit has been obtained, or applied for and the application accepted, and said permit bears a date prior to the effective date of this chapter.

(Ord. 483 (Exh. A) (part), 2005)

Unless the particular provision or the context otherwise requires, wherever the following terms are used in this chapter, they shall have the meaning ascribed to them in this section:

"Bedrock" means the solid undisturbed rock in place either exposed at the ground surface or beneath surface deposits of loose rock or soil.

"Bench" means a relatively level step excavated into sloping natural ground on which engineered fill or embankment fill is to be placed.

"City council" means the city council of the city of Colfax.

"City engineer" means the city engineer of the city of Colfax, California, acting either directly or through his authorized deputies, subject to the administrative direction of the city manager.

"Compaction" means the increase of density of a soil or rock fill by mechanical means.

"Cut." See Excavation.

"Department" means the public works department of the city of Colfax.

"Depth of fill" means the vertical dimension from the exposed fill surface to the original ground surface.

"Director of public works" means the director of public works of the city of Colfax, California, acting either directly or through his authorized deputies, subject to the administrative direction of the city manager.

"Drainage waters" means surface waters which collect, or are accumulated, on the ground and which, by means of drainage ways or watercourses, flow off the surface to larger rivers, streams, or lakes. Such waters shall include but are not limited to, natural precipitation, and irrigation waters.

"Drainage way" means a depression in the earth's surface such as swales, ravines, gullies, slews, draws, hollows, or ditches in which surface waters collect for drainage, but which otherwise are destitute of water.

"Embankment." See Fill.

"Encroachment permit" means a written permit issued by the city authorizing certain work within a publicly maintained right-of-way or easement.

"Engineering geologist" means a registered geologist certified as an engineering geologist by the State of California.

"Engineering geology" means the application of geologic knowledge in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.

"Erosion" means the wearing away and transportation of earth material as a result of the movement of wind, water or ice.

"Excavation" (Cut) means the removal of naturally occurring earth materials by mechanical means, and includes the conditions resulting therefrom.

"Existing grade" means the elevation of the ground surface at a given point prior to excavating or filling.

"Expansive soil" means any soil which exhibits significant expansive properties as determined by a geotechnical engineer or the city engineer.

"Fill" (Embankment) means the deposit of soil, rock or other materials placed by man and includes the conditions resulting therefrom.

Finish grade" means the final grade of the site after excavating or filling which conforms to the approved final grading plan. The finish grade is also the grade at the top of a paved surface.

"Geologic Hazard" means any condition in naturally occurring earth materials which may endanger life, health or property.

"Geotechnical engineer" means the civil engineer registered by the State of California who is qualified in the field of soil mechanics and soil engineering and has the authority to use the title "soil engineer".

"Geotechnical engineering" means the application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and may include the inspection, testing and construction thereof.

"Grade" means the vertical location of the ground surface.

"Existing grade" means the grade prior to grading.

"Rough grade" means the stage at which the grade approximately conforms to the approved plan.

"Finish grade" means the final grade of the site which conforms to the approved plan.

"Grading" means any land excavation or filling or combination thereof, or the removal, plowing under or burial of vegetative ground cover.

"Grading plan" means a plan prepared in accordance with this chapter showing grading and related work.

"Grading work" means grading and related work. "Related work" shall include, but is not limited to, vegetation removal, drainage improvements and erosion and sediment control in connection with the grading done.

"Keyway" means a special backfilled excavation which is constructed beneath the toe area of a planned fill slope or sloping ground to improve the stability of the slope.

"Landscape architect" means a landscape architect registered by the State of California.

"Level; Land leveling operation" means the physical movement of rock or soil which results in a change in the topography of the land.

"Lot." See Parcel.

"Owner" means the person shown as the legal owner of the property on the latest equalized assessment roll in the office of the county assessor.

"Parcel" (Lot) means is land described as a lot or parcel in a recorded deed or shown as a lot or parcel on a subdivision map or parcel map on file in the county recorder's office.

"Permit" means an approved grading permit issued pursuant to this chapter authorizing certain grading work.

"Permittee" means any person to whom a permit is issued pursuant to this chapter.

"Person" means any natural person, firm, corporation or public agency whether principal, agent, employee, or otherwise.

"Planning authority" means the planning director of the city of Colfax; acting directly or through his authorized agents subject to the administrative direction of the city manager.

"Preliminary grading plan" means is a plan that shows the proposed grading work in relation to the existing site prepared and submitted with the application for a grading permit.

"Rainy season" means the period of the year during which there is a substantial risk of rainfall. For the purpose of this chapter, the rainy season is defined as from October 15th to May 1st, inclusive.

"Sediment" means any material transported or deposited by water, including soil debris or other foreign matter.

"Site" means any lot or parcel of land or combination of contiguous lots or parcels of land, whether held separately or joined together in common ownership or occupancy, where grading is to be performed or has been performed.

"Slope" means an inclined ground surface the inclination of which may be expressed as the ratio of horizontal distance to vertical distance.

"Soil" means all earth material of any origin that overlies bedrock and may include the decomposed zone of bedrock which can be excavated readily by mechanical equipment.

"Structure" means that which is built or constructed or any piece of work artificially built up or composed of parts joined together in some definite manner.

"Terrace" means a relatively level step constructed in the face of a graded slope surface for drainage, maintenance or other purposes.

"Vehicular way" means a private roadway or driveway.

"Vegetation" means plant life or total plant cover of an area.

"Watercourse" means any natural or man-made channel flowing continuously or intermittently in a definite direction and course or used for the holding, delay or storage of waters, which functions at any time to convey or store storm water runoff. Natural channels shall generally be limited to those designated by a solid line or a dash and three dots as shown in blue on the most recent U.S. Geological Survey 7.5 minute series of topographic maps. At the discretion of the city engineer the definition of natural channel may be limited to those channels having a watershed area of fifty acres or more, and this definition will be commonly used in connection with the administration of this ordinance except for those cases in which the city engineer determines that the definition must be extended to a natural channel with a watershed smaller than fifty acres in order to prevent a condition which is a menace to life, limb, endangers property, is a hazard to public safety, adversely affects the safety, use or serviceability of adjacent property, public way or drainage channel, or could adversely affect the water quality of any water bodies of watercourses.

"Work." See Grading work.

(Ord. 483 (Exh. A) (part), 2005)