Article II — GRADING PERMIT

Except for the exemptions listed hereinafter, no person may grade or do grading work or perform any other land-disturbing or landfilling activity without first obtaining a grading permit.

(Code 1968, § 36.02.010)

(a)

General exemptions. A person performing any land disturbing activity need not apply for a grading permit, if all the following criteria are met:

(1)

Natural and finished slopes are less than ten (10) percent;

(2)

Volume of soil or earth materials stored is fifty (50) cubic yards or less;

(3)

The activity results in the diversion of rainwater runoff, either during or after construction, from an area smaller than five thousand (5,000) square feet;

(4)

An impervious surface, if any, of less than four thousand (4,000) square feet is created;

(5)

No drainageway is blocked or has its stormwater carrying capacities or characteristics modified; and

(6)

No land-disturbing or filling activities occur within one hundred (100) feet of a watercourse.

(b)

Specific exemptions. The provisions of subsection (a) notwithstanding, a person performing the following activities need not apply for a grading permit:

(1)

Projects which have excavations less than two (2) feet in depth, or fills less than one (1) foot in depth placed on natural terrain with a slope flatter than five (5) horizontal to one (1) vertical, or fills less than two (2) feet in depth, not intended to support structures, and that do not obstruct drainage courses, and which include the following:

a.

Less than fifty (50) cubic yards of graded material (combined total of cut and fill).

b.

The removal of vegetation from an area less than one thousand (1,000) square feet.

c.

Do not create unstable or erodible slopes as determined by the Town Engineer.

(2)

Grading done by or under the supervision or construction control of the Town.

(3)

Excavations within the perimeter of a building, swimming pool (pool only), retaining wall footing, or other structure authorized by a valid building permit.

(4)

Grading necessary for agricultural operations unless such grading will create a cut or fill whose failure could endanger any structure intended for human or animal occupancy or any public road, or could obstruct any watercourse or drainage conduit or cause any significant erosion as determined by the Town Engineer.

(5)

Trenching and grading incidental to the construction or installation of approved underground pipe lines, on land having a slope less than ten (10) percent, drilling or excavation for approved wells if the land is restored to its original contour and condition, including reseeding or otherwise restoring vegetation on all disturbed earth surfaces immediately after such grading work is completed.

(6)

Excavations for soil or geological investigations by a geotechnical engineer or engineering geologist if the land is restored to its original contour and condition including reseeding or otherwise restore vegetation on all disturbed earth surfaces immediately after the investigation.

(7)

Maintenance of existing firebreaks and roads to keep the firebreak or road substantially in its original condition.

(8)

Routine cemetery excavations and fills.

(9)

Performance of emergency work necessary to protect life or property when an urgent necessity therefor arises. The person performing such emergency work shall notify the Town Engineer promptly of the problem and work required and shall apply for a permit therefor within ten (10) calendar days after commencing such work and shall comply with all conditions of such permit.

(10)

Any area within the public right-of-way is exempt from the requirements of this chapter.

(c)

Effect. Exemption from the requirement of a permit shall not be deemed to be permission to violate any provision of this chapter.

(Code 1968, § 36.02.015)

The application for a grading permit must include all of the following items:

(1)

Architecture and site approval number and date of approval.

(2)

Grading permit application form.

(3)

Site map and grading plan.

(4)

Erosion and sediment control plan.

(5)

Soils and geological reconnaissance report, where required (see sections 12.20.065 through 12.20.075).

(6)

Work schedule.

(7)

Fees.

(8)

Performance bond or other acceptable security (see section 12.20.090).

(9)

Any supplementary material required by the Town Engineer.

(10)

Construction details of special features, including but not limited to, retaining walls, drainage structures and erosion control devices, together with supporting calculations and maps as required.

(11)

Such supplemental information as required for processing and approval of the design concept and the application as required by the Town Engineer.

(12)

Outline of the methods to be used in clearing vegetation, and in storing and disposing of the cleared vegetative matter.

(13)

A projected schedule of operations, including, as a minimum, the dates of:

a.

Commencement of work.

b.

Start and finish of rough grading.

c.

Completion of drainage facilities.

d.

Completion of work in any watercourse.

e.

Completion of erosion and sediment control facilities.

f.

Completion of hydromulching and other landscaping. If rough grading is proposed between October first and April fifteenth, a more detailed schedule of grading activities and use of erosion and sediment control facilities may be required.

(Code 1968, § 36.03.055)

Applications for grading permits shall be filed with the Town Engineer on forms furnished by the office. Each application shall include a plan checking fee and other fees as required, preliminary or final grading plans and a statement of the intended use of the site. The Town Engineer shall determine whether the application is complete in accordance with provisions of article III of this chapter and may require additional information from the applicant before accepting the application as complete.

(Code 1968, § 36.03.010)

The Town Engineer may refer an application to other interested public agencies for their recommendations.

(Code 1968, § 36.03.015)

(a)

Where a proposed grading project requires the filing of a tentative map or the intended use requires approval of a discretionary zoning permit, no grading permit shall be granted prior to approval by the applicable planning authority.

(b)

The permit shall be limited to work shown on the grading plans approved by the Town Engineer. In granting a permit, the Town Engineer may impose any condition deemed necessary to protect the health, safety and welfare of the public, to prevent the creation of a nuisance or hazard to public or private property, and to assure proper completion of the grading including but not limited to:

(1)

Mitigation of adverse environmental impacts.

(2)

Improvement of any existing grading or correction of any existing grading violation to comply with the standards of this chapter.

(3)

Requirements for fencing or other protection of grading which would otherwise be hazardous.

(4)

Requirements for dust, erosion, sediment and noise control, hours of operation and season of work, weather conditions, sequence of work, access roads and haul routes.

(5)

Requirements for safeguarding watercourses from excessive deposition of sediment or debris in quantities exceeding natural levels.

(6)

Assurance that the land area in which grading is proposed and for which habitable structures are proposed is not subject to hazards of land slippage or significant settlement or erosion and that the hazards of seismic activity or flooding can be eliminated or adequately reduced.

(7)

Temporary and permanent landscape plans.

(Code 1968, § 36.03.020)

The issuance of a permit or approval of plans and specifications shall not be construed as an approval of any violation of the provisions of this chapter or of any other applicable laws, ordinances, rules or regulations; and shall not prevent the Town Engineer from thereafter requiring the correction of errors in the plans and specifications or from preventing work being carried on thereunder in violation of this chapter, or any other applicable law, ordinance, rule or regulation.

(Code 1968, § 36.03.040)

No permit shall relieve the permittee of responsibility for securing other permits or approvals required for work which is regulated by any other department or agency of the Town, or other public agency, or for obtaining any easements or authorization for grading on property not owned by the permittee.

(Code 1968, § 36.03.025)

(a)

Erosion and sediment control plans shall be as required by the Town Engineer.

(1)

The erosion and sediment control plan sheet need not be a separate sheet if all facilities and measures can be shown on the grading sheets without obscuring the clarity of either the grading plan or the erosion and sediment control plan.

(2)

An erosion and sediment control plan shall be required whenever:

a.

The graded portion of the site includes more than ten thousand (10,000) square feet of area having a slope greater than five (5) percent;

b.

There is a significant risk that more than two thousand five hundred (2,500) square feet will be unprotected or inadequately protected from erosion during any portion of the rainy season; or

c.

Grading will occur within twenty (20) feet of any watercourse; or

d.

The Town Engineer determines that the grading will or may pose a significant erosion or sediment discharge hazard for any reason.

(3)

The applicant shall submit, with the erosion and sediment control plans, a detailed cost estimate covering this work.

(4)

Erosion and sediment control plans shall include an effective revegetation program to stabilize all disturbed areas which will not be otherwise protected. All such areas where grading has been completed between April first and September fifteenth shall be planted by October first. Graded areas completed at other times of the year shall be planted within fifteen (15) days. If revegetation is unfeasible or cannot be expected to stabilize an erodible area with assurance during any part of the rainy season and the unstable area exceeds two thousand five hundred (2,500) square feet, additional erosion and sediment control measures or irrigation of planted slopes may be required as appropriate to prevent increased sediment discharge.

(5)

Erosion and sediment control plans shall be designed to prevent increased discharge of sediment at all stages of grading and development from initial disturbance of the ground to project completion. Every effort

shall be made to ensure that site stabilization is permanent. If grading occurs in distinct phases or the site will remain unstable through more than one (1) rainy season, more than one (1) set of plans may be required. Plans shall indicate the implementation period and the state of construction where applicable.

(6)

Erosion and sediment control plans shall comply with the recommendations of the civil engineer, geotechnical engineer, engineering geologist, or landscape architect involved in preparation of the grading plans.

(7)

The structural and hydraulic adequacy of all stormwater containment or conveyance facilities shown on the erosion and sediment control plans shall be verified by a civil engineer, who shall so attest on the plans. Sufficient calculations and supporting material to demonstrate such adequacy shall accompany the plans when submitted.

(8)

Erosion and sediment control plans shall be designed with sufficient flexibility to meet unanticipated field conditions.

(9)

Erosion and sediment control plans shall provide for inspection and repair of all erosion and sediment control facilities at the close of each working day during the rainy season and for specific sediment clean- out and vegetation maintenance criteria.

(10)

Erosion and sediment control plans shall comply with any and all standards and specifications adopted by the Town Engineer for the control of erosion and sedimentation on grading sites.

(b)

The Town Engineer may waive the requirement for an erosion and sediment control plan, if no significant erosion or sediment discharge hazard exists, as determined by the Town Engineer.

(Code 1968, § 36.03.060)

The final erosion and sediment control plans shall be as required by the Town Engineer.

(Code 1968, § 36.03.065)

An interim plan shall be required when grading authorized under a valid grading permit or building permit is started prior to October first of any year and final erosion and sediment control measures are not in place

as required by the final plan. The interim plan shall be as required by the Town Engineer.

(1)

A delineation and brief description of the interim measures to be undertaken to retain sediment on the site, including, but not limited to, the designs and specifications for temporary silt fences, berms and sediment detention basins, and a schedule for their maintenance and upkeep;

(2)

A delineation and brief description of the interim surface runoff and erosion control measures to be implemented, including, but not limited to, types and method of applying mulches, and designs and specifications for temporary diverters, dikes and drains, and a schedule for their maintenance and upkeep;

(3)

A delineation and brief description of the interim vegetative measures to be taken, including, but not limited to, seeding methods, the type, location and extent of pre-existing and undisturbed vegetation types, and a schedule for maintenance and upkeep;

(4)

The location of all the measures listed by the applicant under subsections (1), (2), and (3) above, shall be depicted on the site map and grading plan;

(5)

An estimate of the cost of implementing and maintaining all interim erosion and sediment control measures must be submitted in a form acceptable to the Town Engineer;

(6)

A schedule, indicating the times for commencement and completion of the installation of the interim erosion and sedimentation measures;

(7)

Method(s) for removal of the interim erosion and sedimentation control measures and restoration to natural grade or conformance with final plan.

(Code 1968, § 36.03.070)

A soils report, when required as a condition of approval of a development proposal, shall be based on observation and tests of the material exposed by exploratory borings or excavations and inspections made at appropriate locations. Additional studies may be necessary to evaluate soil and rock strength, the effect of moisture variation on soil, bearing capacity, compressibility, expansiveness, stability and other factors.

(Code 1968, § 36.03.075)

Any soil or geologic investigation report shall be subject to the approval of, and supplemental reports and data may be required by the Town Engineer. Recommendations included in the reports and approved by the Town Engineer shall be incorporated in the final plans and specifications.

(Code 1968, § 36.03.080)

The soil or geologic investigation report shall have the form and content required by the Town Engineer.

(Code 1968, § 36.03.085)

The applicant for a grading permit must submit a master work schedule as required by the Town Engineer.

(Code 1968, § 36.03.090)

The following fees are to be paid pursuant to a schedule of fees adopted, and amended from time to time by the Town Council:

(1)

Permit processing and plan checking fee based on the estimate of the cost of grading and erosion and sedimentation control work.

(2)

An inspection fee based on the estimate of the cost of the grading and erosion and sedimentation control work.

(3)

The permit processing and plan checking fee is due at the time the permit application is submitted.

(4)

The inspection fee shall be submitted prior to the approval of the permit.

(Code 1968, § 36.03.095)

Prior to approval of the grading permit, the applicant shall provide security for the performance of the work described and delineated on the approved grading plan, final erosion and sedimentation control plan and interim erosion and sedimentation control plan (if required), in an amount to be set by the Town Engineer (but not to exceed one hundred (100) percent) of the approved estimated cost of the grading and erosion

and sedimentation control measures. The form of security shall be one (1) or a combination of the following to be determined by the Town Engineer and subject to the approval of the Town Attorney:

(1)

Bond or bonds issued by one (1) or more duly authorized corporate sureties on a form approved by the Town.

(2)

Deposit, with the Town, money, negotiable bonds of the kind approved for securing deposits of public monies, or other instrument of credit from one (1) or more financial institutions subject to regulation by the State or Federal Government wherein such financial institution pledges funds are on deposit and guaranteed for payment.

(Code 1968, § 36.03.100)

Permits issued under this article shall be valid for the period during which the proposed land disturbing or filling activities and soil storage takes place or is scheduled to take place, whichever is shorter. The permittee shall commence permitted activities within the scheduled commencement date for grading or the permittee shall resubmit all required application forms, maps, plans, schedules and security to the Town Engineer. The Town Engineer may require additional fees.

(Code 1968, § 36.03.110)

(a)

A permit issued pursuant to this article may be assigned, provided:

(1)

The permittee notifies the Town Engineer of the proposed assignment.

(2)

The proposed assignee:

a.

Submits an application form pursuant to section 12.20.020;

b.

Agrees in writing to all the conditions and duties imposed by the permit;

c.

Agrees in writing to assume responsibility for all work performed prior to the assignment;

d.

Provides security; and

e.

Agrees to pay all applicable fees.

(3)

The Town Engineer approves the assignment prior to the assignee beginning work on the project.

(b)

The Town Engineer shall set forth in writing the reasons for the disapproval of an assignment.

(Code 1968, § 36.03.115)