Article IIA — EXCAVATIONS ON PRIVATE PROPERTY

The purpose of this article shall be to establish an official set of standards regulating the design and composition of building sites to serve the public health, safety and general welfare minimizing differential settlement, slipping or sliding of earth; by requiring engineering analysis of expansive soil conditions, erosion and drainage; and to provide a basis for the design of footings and floor slabs on structures proposed to be erected on parcels of land whose natural topography has been altered as described herein.

This article shall be known as "The Land Development Ordinance."

(Ord. No. 63-51, §§ 100, 101)

For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Embankment. Any act by which earth, sand, gravel, rock or any other material is deposited, placed, pushed, dumped, pulled, transported or moved to a new location and the conditions resulting therefrom.

Excavation. Any act by which earth, sand, gravel, rock or any similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bull-dozed and the conditions resulting therefrom.

Land development. The making of excavations or embankments on private property and the construction of slopes, drainage structures, fences, retaining walls and other facilities incidental thereto, where it is necessary to safeguard life, limb, health, property and public welfare by regulating and controlling the design, construction and quality of materials and use.

Subdivision. For purposes of this article, a subdivision is any division of property resulting in the creation of one or more new parcels of record.

(Ord. No. 63-51, §§ 200 to 203)

A subdivision for which a tentative map has been filed may be exempted from the provisions of this article by the resolution of the city council adopting such tentative map; provided, the following conditions are found to exist:

(a)

The excavation in any one subdivision is less than four (4) feet in depth and averages less than 0.4 cubic yards removed per square yard of area.

(b)

The embankment in any one subdivision is less than two (2) feet in height and averages less than 0.2 cubic yards of material deposited per square yard of area.

(Ord. No. 63-51, § 301)

It shall be unlawful for any person to make or cause or permit to be made, any excavation in or under the surface of any private land, in the city, for the purpose of creating building sites, without first obtaining a permit to do so in the manner hereinafter provided, or in violation of any of the terms or conditions of such permit or of this article; provided, however, that on parcels containing less than ten thousand (10,000) square feet and whose final grade will require no retaining walls or drainage structures, the city engineer may, upon presentation of satisfactory evidence, waive the permit requirement, and provided further that no permit shall be required for any of the following:

(a)

The foundation or basement of any structure for which a building permit has been issued.

(b)

The grading of a parcel of land which requires embankment to less than four (4) feet in depth, and where no cut bank is to be left standing of more than four (4) feet in height.

(c)

The excavation by any public utility for the installation, operation, inspection, repair or replacement of any of its facilities.

(d)

Work to be done by any agency of the U.S. Government, the state, the county or the city.

(e)

Subdivisions exempted as provided in this article.

(f)

Mining or industrial operations subject to a conditional use permit as required in Zoning Ordinance No. 58- 1.

(g)

Where the use of the land is primarily for commercial agricultural activities.

(Ord. No. 63-51, § 300)

The following information, prepared and signed by a registered civil engineer, shall accompany each application for a land development permit:

(a)

A general plan sketch showing the tentative spot elevations of building pads, and random elevations of public improvements, slope ratios, proposed drainage facilities, protective fencing and retaining walls.

(b)

A statement of the proposed method of grading, including proposed slope ratios for cut and fill slopes, and an estimate of the magnitude in cubic yards of the grading operations.

(c)

Laboratory reports covering the bearing and expansive qualities of the land to be worked.

(d)

Specifications to be followed in controlled fills including clearing and scarifying of base material, depth of fill layers, compaction of fill material at optimum of moisture, equipment to be used for compaction, frequency of field density tests and minimum density to be obtained in the field.

(e)

Specifications to be followed for stabilization of all created slopes, including soil preparation, fertilization, plant material, methods of planting and initial maintenance of plant material.

(Ord. No. 63-51, § 402)

Application for land development permits shall be made to the city engineer. Such application shall be accompanied by such information and fees as hereinafter required. The city engineer is hereby authorized to issue such permit.

(Ord. No. 63-51, § 302)

At the time of filing the application, a fee of ten dollars ($10.00) shall be paid to cover the city's investigation.

When the amount of earth to be moved is less than one hundred thousand (100,000) cubic yards, an additional fee of one dollar ($1.00) per one thousand (1,000) cubic yards (or fraction thereof) shall be paid at the time the permit is issued.

When the amount of earth to be moved exceeds one hundred thousand (100,000) cubic yards, an additional fee of one hundred dollars ($100.00) plus fifty cents ($0.50) per one thousand (1,000) cubic yards (or fraction thereof) in excess of one hundred thousand (100,000) cubic yards shall be paid at the time the permit is issued.

(Ord. No. 63-51, §§ 900 to 902)

For subdivisions in which public improvements are to be made, an application shall be submitted with and in addition to the required improvement plans. The faithful performance bond, or cash deposited to guarantee improvements, shall be sufficient to include any additional requirements imposed by this article.

(Ord. No. 63-51, § 400)

For land on which grading operations are to be done for the purpose of creating building sites involving no public improvements and for which no improvement plans would normally be filed, an application shall be made to the city engineer for a land development permit prior to the commencement of any grading operations. The city engineer may require the posting of a faithful performance bond, or the deposit of cash in lieu thereof, to cover any required protective structures, drainage structures and slope stabilization.

(Ord. No. 63.51, § 401)

All grading to be done under the provisions of this article shall provide for the implementation of any and all applicable precise plans adopted by the city council of the city.

(Ord. No. 63-51, § 509)

Slopes shall not be steeper than one and one-half (1½) horizontal to one vertical for fill slopes, except where the total height of a fill exceeds forty (40) feet; in which case the slopes shall be two (2) horizontal to one vertical, and one and one-half (1½) horizontal to one vertical for cut slopes. If particular conditions make it appropriate to vary from these slopes, an acceptable slope ratio will be determined by the city engineer based on an analysis of the data on soil characteristics and slope stabilization. One or more benches will be required of sufficient width to provide for a diversion drainage channel carried to a proper outfall on all slopes having a vertical height of twenty (20) feet or more.

(Ord. No. 63-51, § 500)

Slopes shall be fertilized and planted with soil-fixing grasses, vines or shrubs, or otherwise treated as necessary to adequately stabilize slopes for the specific development.

(Ord. No. 63-51, § 505)

Certification of slopes stabilization shall be made by the owner of record, a licensed civil engineer or a licensed landscape architect.

Where necessary, due to factors beyond the control of the developer, temporary postponement of the installation of slope stabilization will be considered as an exception to the above required certification provided that an escrow agreement or other assurance acceptable to the city is established assuring repair of slopes and related damage and installation of stabilization work within a satisfactory specified time.

(Ord. No. 63-51, § 801)

Initial maintenance of stabilized slopes shall be continued until stabilization has been assured.

(Ord. No. 63-51, § 506)

A minimum forty-two-inch high chain link fence or equivalent barrier approved by the city engineer shall be provided at the top of all slopes whose vertical height exceeds twenty (20) feet, or where the slope height exceeds four (4) feet and is adjacent to a major street or state highway.

(Ord. No. 63-51, § 508)

Lot lines shall be located at the top of banks wherever practicable.

(Ord. No. 63-51, § 501)

A usable rear yard at least fifteen (15) feet in depth from the building wall to the toe or top of a slope shall be provided on all lots. Where very high slopes are encountered the usable rear yard distance may be required to be increased by the city engineer.

(Ord. No. 63-51, § 502)

Stormwater runoff shall not be carried over the cut and fill slopes but shall be provided for as follows:

(a)

Whenever practicable, each lot shall be graded so that stormwater will drain from the back yard through the side yard and front yard directly to the abutting street and not across other lots or onto cut and fill slopes.

(b)

When (a) above is not feasible, stormwater shall be collected along the top of banks by means of paved gutters and shall be carried in them to a properly constructed outfall.

(c)

If a bank exceeds twenty (20) feet in vertical height, a paved gutter or concrete curb will be required at the top of the bank and a paved gutter will be required at the toe of the bank. The gutter at the toe of the bank may be omitted if the rear yard is increased from the fifteen-foot minimum at the ratio of one foot horizontal to two (2) feet height of bank to a maximum of forty (40) feet.

(Ord. No. 63-51, § 503)

Permanent private easements shall be provided for all drainageways where the continuous functioning of the drainageway is essential to the protection and use of property other than the lot on which the drainageway is located. They shall be recorded and a covenant and/or deed restriction shall be drawn placing the responsibility for the maintenance of the drainageways on the owner of record of each lot on which such easements are located.

(Ord. No. 63-51, § 504)

Retaining walls shall be avoided wherever possible, particularly at the toe of high slopes. If they are to installed, they shall be constructed of reinforced concrete or other masonry and adequately designed to

carry all earth pressures including any embankment surcharge. Building permits shall be obtained for such structures from the building department.

(Ord. No. 63-51, § 507)

All vegetable matter and rubbish shall be removed from the surface upon which the fill is to be placed. Further preparation shall be to the following specifications:

(a)

The surface shall be plowed or scarified to a depth of at least six (6) inches and all uneven features removed which would tend to prevent uniform compaction.

(b)

Where fills are made on hillsides or slopes, the slope of the original ground upon which the fill is to be placed shall be plowed or scarified deeply; where the original ground is steeper than four (4) horizontal to one vertical, the bank may be required to be benched.

(c)

The foundation shall be disced or bladed until it is uniform and free from large clods, brought to the proper moisture content and compacted to not less than ninety (90) percent of maximum density.

(Ord. No. 63-51, § 600)

Materials for the fill may be obtained from the excavation of banks, borrow pits or other approved sources. The material used shall be free from vegetable matter and other deleterious substances, and shall not contain rocks or lumps greater than six (6) inches in diameter.

(Ord. No. 63-51, § 601)

The selected fill material shall be placed in layers which when compacted shall not exceed six (6) inches. Each layer shall be spread evenly and shall be thoroughly blade-mixed during the spreading to insure uniformity of material in each layer.

(a)

The moisture content of the fill material shall be such as to assure maximum compaction and stability, and may be controlled by either the addition of water or, if the moisture content is too high, by the aeration of the soil by additional blading.

(b)

After each layer has been placed, mixed and spread evenly, it shall be thoroughly compacted to not less than ninety (90) percent of maximum density. Compaction shall be by sheepsfoot rollers, multiple-wheel pneumatic-tired rollers or other types of acceptable rollers. Rolling shall be accomplished while the fill material is at the moisture content specified as a result of the data compiled for soil analysis. Rolling of each layer shall be continuous over its entire area, and the roller shall make sufficient trips to insure that the desired density has been obtained.

(c)

Fill slopes shall be compacted until the slopes are stable but not too dense for planting. There shall be no appreciable amount of loose soil on the slopes.

(d)

Field density tests shall be made of the compaction as determined by the city engineer, and copy of the results of each test transmitted to the city engineer. When sheepsfoot rollers are used, density reading shall be taken in the compacted material below the disturbed surface soil. When readings indicate that the density of any layer of fill or portion thereof is below the required ninety (90) percent density, the particular layer or portion shall be reworked until the required density has been obtained.

(e)

Fill operations shall continue as outlined above until the fill has been brought to the finished slopes and grades as shown on the accepted plans.

(Ord. No. 63-51, § 602)

Supervision of the fill and compaction operations shall be by a registered civil engineer. The work shall be subject to inspection by the office of the city engineer at any and all phases.

(Ord. No. 63-51, § 701)

Certification by a registered civil engineer that all land development work covered by the permit, except slope stabilization, has been properly designed and executed, and has been completed in accordance with the accepted specifications, shall be filed with the city engineer at the time of completion of such work and before the issuance of building permits. The terms of such certification may be used as a basis for determining structural standards or for requiring additional engineering detail for load distribution of structures to be placed on filled areas.

(Ord. No. 63-51, § 800)

Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not more than five hundred dollars ($500.00) or by imprisonment in the

county jail for a period of not more than ninety (90) days, or both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for every day during any portion of which any violations of any provisions of this article, including any physical conditions created in violation of this article, is permitted, continued or committed by such person, firm or corporation and shall be punishable therefor as provided for in this article, and any lot, street, alley or other feature made the subject of this article maintained contrary to the provisions hereof shall constitute a public nuisance.

(Ord. No. 63-51, § 1000)