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Earlier editions: 2026-07

Title 7 — PUBLIC WORKS›Chapter 2 — GRADING, EXCAVATIONS AND FILLS

Hercules Municipal Code Art. 2 Definitions

Hercules Municipal Code · 2026-10 edition · updated 2026-10-04 · Hercules

Cite as: Hercules Municipal Code Article 2 · Text as of 2026-10-04

Sec. 7-2.201. Purposes.

For the purpose of this Chapter, unless it is plainly evident from the context that a different meaning is intended, certain words, terms and phrases used herein are defined as set out in this Article.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.202. Applicant.

"Applicant"

shall mean any person, partnership, corporation, or agency requesting permission to engage in any grading activity.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.203. Bedrock.

"Bedrock"

shall mean the relatively solid, undisturbed rock in place either at the ground surface or beneath surface deposits of gravel, sand or soil.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.204. Bench.

"Bench"

shall mean a step constructed in the face of a cut or fill slope for maintenance, access, and drainage purposes.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.205. Borrow.

"Borrow"

shall mean earth material acquired from an offsite location for use in grading on a site.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.206. Building Pad.

"Building pad"

shall mean that area of a lot, parcel or site which will be occupied by the building structure, and includes any other structure or improvement attached, adjoining or adjacent thereto.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.207. Civil Engineer.

"Civil engineer"

shall mean an engineer licensed by the State of California to engage in the practice of civil engineering.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.208. Compaction.

"Compaction"

shall mean the act of compacting or consolidating soil and rock material to a specified density, and the resulting compacted state of the material.

(Ord. 242 Div. 2 (part)

Exceptions & meaning →

Sec. 7-2.209. Critically Expansive Soil or Other Soils Problems.

"Critically expansive soil or other soils problems"

shall mean soil conditions which are likely to cause damage to improvements, including streets, structures and buildings. They shall be tested by acceptable procedures to provide data suitable for making adequate designs for the improvements.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.210. Diversion.

"Diversion"

shall mean a temporary or permanent facility consisting of a channel, ditch, or ridge constructed across a sloping land surface to intercept and divert surface runoff in order to control its erosion potential.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.211. Earth Material.

"Earth material"

shall mean any rock, fill, and/or any combination thereof.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.212. Engineering Geologist.

"Engineering geologist"

shall mean a geologist licensed by the State of California to engage in the practice of engineering geology.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.213. Engineering Geology.

"Engineering geology"

shall mean the application of geological data and principles to engineering problems dealing with naturally occurring rock and soil for the purpose of forming an opinion that geological factors are recognized and adequately interpreted in engineering practice.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.214. Erosion.

"Erosion"

shall mean the wearing away, detachment and movement of the ground surface by wind, water, ice and gravity.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.215. Erosion and Sediment Control Manual.

"Erosion and Sediment Control Manual"

shall mean a book entitled, "Manual of Standards for Erosion Control Measures," published by ABAG, 1981, or as revised.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.216. Excavation (CUT).

"Excavation"

shall mean any act by which earth material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed, and shall include the conditions resulting therefrom.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.217. Fill.

"Fill"

shall mean a deposit of earth material placed by artificial means and shall include the condition resulting therefrom.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.218. Final Erosion and Sediment Control Plan.

"Final Erosion and Sediment Control Plan"

shall mean a plan that depicts the erosion control measures designed for a completed project.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.219. Geological Report.

"Geological report"

shall mean a report prepared by an engineering geologist, based on a study and investigation of the site by an engineering geologist, including such geological structures and characteristics as fault line, fault creep, and landslide, and shall include recommendations for the execution, testing, and control of all grading operations proposed.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.220. Grade.

"Grade"

shall mean the vertical locations of the ground surface.

(a)

"Existing or natural grade"

shall mean the grade prior to grading.

(b)

"Rough grade"

shall mean the stage at which the grade approximately conforms to the approved plan.

(c)

"Finish grade"

shall mean the final grade of the site which conforms to the approved plan.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.221. Grading.

"Grading"

shall mean any excavation, stripping, cutting, filling, stockpiling, clearing, or any combination thereof which alters land or vegetation.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.222. Hillside Site.

"Hillside site"

shall mean a site having an average slope of fifteen percent (15%) or greater.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.223. Interim Erosion and Sediment Control Plan.

"Interim Erosion and Sediment Control Plan"

shall mean a plan that depicts the erosion control measure designed for a project under construction.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.224. Key.

"Key"

shall mean a trench or step cut into natural ground to hold fill on an existing slope.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.225. Mulching.

"Mulching"

shall mean the application of plant residue or other suitable materials to the land surface to conserve moisture, hold soil in place, and aid in establishing plant cover.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.226. Quarry.

"Quarry"

shall mean any premises or site from which any rock, sand, gravel, stone, earth, soil, or mineral is removed or excavated for the purpose of disposition away from the immediate premises, whether such disposition is immediate or in the future; excepting excavation necessary for the construction of a building or structure on the site of the excavation for which valid permits have been issued, and excepting excavation which is all or part of a grading operation to change the contours of the land in conformance with a plan approved by the City for which a grading permit has been issued.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.227. Rainy Season.

"Rainy season"

shall mean the period of time between October 15 and the following April 15.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.228. Runoff.

"Runoff"

shall mean the surface flow of water, especially the flow following precipitation.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.229. Sedimentation.

"Sedimentation"

shall mean the process by which mineral or organic matter is removed from its site or origin, transported, and then deposited by water, wind, or gravity.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.230. Sediment Basin.

"Sediment basin"

shall mean a reservoir which retards flow sufficiently to cause or allow deposition of transported sediment.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.231. Site.

"Site"

shall mean any lot or parcel of land or contiguous combination thereof under the same ownership where grading is or is to be performed or permitted.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.232. Site Map and Grading Plan (Grading Plan).

"Site Map and Grading Plan (grading plan)"

shall mean a plan as required by Section 7-2.304 of this Chapter.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.233. Slope.

"Slope"

shall mean an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.234. Soil.

"Soil"

shall mean earth material of whatever origin that overlies bedrock.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.235. Soil Engineer.

"Soil engineer"

shall mean a civil engineer licensed by the State of California to engage in the practice of civil engineering who is experienced in and is engaged in professional practice in the field of soil mechanics and foundation engineering.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.236. Soil Engineering.

"Soil engineering"

shall mean the application of the principles of soil mechanics in the investigation, evaluation, and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.237. Soils and Geological Reconnaissance Report (Soils Report).

"Soils and Geological Reconnaissance Report (soils report)"

shall mean a report as described in Section 7-2.309 of this Chapter.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.238. Stockpile.

"Stockpile"

shall mean a supply of earth, rock, gravel, sand, or other similar material temporarily accumulated and stored prior to final disposition.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.239. Terrace.

"Terrace"

shall mean a relatively level step constructed in the face of the graded slope surface for drainage and maintenance purposes.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

Sec. 7-2.240. Watercourse.

"Watercourse"

shall mean a drainage channel carrying water year round.

(Ord. 242 Div. 2 (part), 1986)

Exceptions & meaning →

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