Moraga Municipal Code Ch. 14.56 Definitions

As used in this chapter, the following words and phrases have the meanings set forth in this section unless otherwise required by the context.

"Applicant" means the property owner, and/or his or her authorized agents and employees, who apply for a permit pursuant to this chapter.

"Artificial fill" means soil, rock, or other similar irreducible materials placed by man using mechanical means and shall include the condition resulting therefrom.

"As graded" means the surface conditions existing at the completion of grading.

"Average slope" means average percent slope "S" is computed on net area of a parcel by the following formula:

or

Where:

S = average percent slope;

I = contour interval in feet;

L = summation of length of all contours in feet;

A = area in acres of parcel being considered;

a = area in square feet of parcel being considered;

"Balanced on-site" means that cut and fill amounts on a site are equal, requiring no import or export of materials.

"Bedrock" means the relatively solid, undisturbed rock in place either at the ground surface or beneath superficial deposits of gravel, sand or soil.

"Bench" means a relatively level step excavated into earth material on which fill is to be placed or within a cut or fill slope.

"Best management practices (BMP)" means structural devices, measures, stormwater management facilities or activities that help to meet development runoff requirements at the premises. Also referred to as "BMP." BMP also include schedules of activities, prohibitions or practices, general good housekeeping, pollution prevention practices, maintenance procedures, and other management practices, to prevent or reduce the discharge of pollutants directly or indirectly to watercourses, water bodies and wetlands.

"Best management practices plan (BMP plan)" means a drawing that sufficiently depicts proposed BMP measures and techniques which are designed to control pollutants due to grading related runoff, erosion and sedimentation.

"Borrow" means earth material acquired from an off-site location for use in grading on a site.

"Building pad" means a relatively level area of a lot, parcel or site, which will be occupied by a building, structure or other improvement.

"Certification" means a written engineering or geologic opinion concerning the status and/or completion of the work.

"Chapter" means the ordinance codified in this chapter in its entirety.

"Civil engineer" means a professional engineer in the branch of civil engineering and duly licensed by the state of California.

"Civil engineering" means the application of the knowledge of the forces of nature, principles of mechanics, and the properties of materials to the evaluation, design, and construction of civil works for the beneficial uses of mankind.

"Code" means the latest adopted version including amendments thereto of the Moraga Municipal Code (MMC).

"Compaction" means the act of densifying soil and rock materials by mechanical means and the resulting densified state.

"Contour grading" means the grading of cut and fill slopes to blend with existing contours and to provide horizontal and vertical variation to eliminate the artificial appearance of slopes.

"Depth"

1. "Cut" means the vertical distance between a point on the existing natural ground and the finished elevation at that same point.

2. "Fill" means the vertical distance between a point at the base of the excavation supporting the fill and the finished elevation at that same point.

"Design guidelines" means town of Moraga design guidelines.

"Earth material" means any rock, natural soil, or fill, and/or combination thereof.

Earthwork. See "Grading."

"Encroachment permit" means a permit issued by the town of Moraga to permit temporary occupancy of, or construction in the public right-of-way.

"Engineering geologist (Geologic consultant)" means a professional geologist duly licensed by the state of California.

"Engineering geology" means the application of geologic data and principles to engineering problems dealing with naturally occurring rock and soil for the purpose of assuring that geological factors are recognized and adequately interpreted in engineering practice.

"Erosion" means the wearing away of the ground surface as a result of the movement of wind, water or ice.

"Erosion control plan" means a document that states the methods of erosion prevention and erosion control on-site during construction.

"Excavate" or "excavation" means any act by which earth material is cut into, dug, quarried, uncovered, removed, displaced or relocated and the resulting conditions.

"Exploratory excavations" means geotechnical borings, test pits, or trenches etc. which are used to observe and evaluate the subsurface conditions of a site.

Fill. See "Artificial fill."

"Geotechnical engineer" means a professional engineer who is experienced and knowledgeable in the practice of geotechnical engineering and soil mechanics, duly licensed by the state of California as a geotechnical engineer.

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

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

1. "Existing grade" means the elevation of the ground surface prior to grading;

2. "Rough grade" means the elevation at which the ground surface approximately conforms to the approved plan;

3. "Finish grade" means the final ground surface elevation of the site;

4. "Natural grade" means the vertical elevation of the ground surface prior grading.

"Grading" means the physical movement of earth material by forces other than nature including, but not limited to, excavating, filling, compacting, hauling, and related work, excluding discing.

"Hazard" means any condition or conditions, as determined by the town, that is, or has the potential to become, an immediate threat to life and limb, or endanger property, or adversely affect the safety, use, or stability of a public way, or drainage way or channel or adjacent property.

Hillside Development Permit. See Section 8.136.050 of this code.

Hillside Land. See Section 8.136.020 of this code.

"Illegal grading" means grading for which a permit is required and has not been obtained or does not comply with the regulations herein.

"Keyway" means a designed compacted fill placed in a trench excavated in earth material beneath the toe of a fill slope.

"Major changes" means changes to the approved plans that change the project by altering the configuration of the lots, or increase the number of lots, or extend the grading into areas beyond the approved limits for nongeologic or geotechnical reasons and would trigger the need for a new application.

"Minor changes" means changes to the approved plans due to unanticipated conditions discovered during grading, and might include adverse soil conditions such as soft wet soils compressible soils or a deposit old undocumented fill and would not alter the configuration of the project and would not require a new application.

"MMC" means Moraga Municipal Code.

"Notice of intent" means a document filed with the State Water Resources Control Board stating an applicant's intent to file for a general permit for discharges of stormwater associated with construction activity.

"Permit" means a valid grading permit issued pursuant to this chapter.

"Permittee" means the person or legal entity in whose name a valid permit is duly issued pursuant to this chapter and his or her agents, employees, and others acting under his or her direction.

"Plans" means maps, sketches, profiles, construction drawings and specifications, or any combination thereof as required to adequately describe the work, all as prepared by a civil engineer, all in accordance with this chapter. "Plans" shall also include grading plans, drainage plans, erosion control plans, and sedimentation control plans.

"Predevelopment average slope" means the average slope within the proposed area of disturbance and where illegal grading has not occurred.

"Runoff" means the overland flow of water.

"Security" means a corporate bond by a surety company authorized to transact business in the state, a cash deposit (or its equivalent) or an instrument of credit filed with the town from a financial institution subject to regulation by the state or federal government pledging that the funds are on deposit and guaranteed for payment upon demand.

"Sediment" means earth material deposited by water, wind or spillage.

"Site" means any area, lot or parcel of land or contiguous combination thereof, where grading or development is proposed, performed or permitted.

"Slope" means an inclined ground surface, the gradient of which is expressed as a ratio of horizontal distance to vertical distance. (H:V).

"Soil" means a naturally occurring surficial deposit of earth material overlying bedrock.

"Stop work order" means a written notice to cease work.

"Stormwater control plan" means a document that incorporates site design characteristics, landscape features, and BMPs that minimize imperviousness, retain/detain stormwater, slow runoff rates, and reduce pollutants in the post-development runoff.

"Stormwater pollution prevention plan (SWPPP)" means a document that addresses the prevention of potential stormwater pollution from construction activities.

"Supervised grading" means grading work that is performed under engineering or geologic observation and testing.

"Terrace" means a relatively level step of flat area constructed in the face of the graded slope surface for drainage and maintenance purposes.

"Town" means the designated responsible employees of the town of Moraga.

"Town engineer" means the professional engineer duly registered in the state of California appointed by the town manager or town council, to perform that function.

"Watercourse" means any channel, ditch, drainage swale, closed pipe system, whether manmade or natural that collects and transports stormwater runoff.

"Wet season" means the period between October 15 and April 15, unless extended by the town.

(Ord. 210 (part), 2006)