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J101.2 Flood hazard areas. The provisions of this Chapter shall not apply to grading, excavation, and earthwork construction, including fills and embankments, in floodways within flood hazard areas established in the Flood Hazard regulations of the Boise Development Code or section 1612.3 of this code.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021)
J101.3 Hazards. Whenever the building official determines that an existing excavation, embankment, or fill on a property has become a safety hazard, endangers property, or adversely affects the safety, use, or stability of a public way or drainage channel, the owner of the property upon which the excavation, embankment, or fill is located, or other person or agent in control of said property, upon receipt of written notice from the building official, shall within the period specified therein repair or eliminate such excavation, embankment, or fill to eliminate the hazard and bring the subject property into conformance with any applicable codes.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021)
J103.2 Exemptions. A grading permit shall not be required for the following:
1. Grading in an isolated, self-contained area, provided there is no danger to the public, and that such grading will not adversely affect adjoining properties.
2. Excavation for construction of a structure permitted under this code.
3. Cemetery graves.
4. Refuse disposal sites controlled by other regulations.
5. Excavations for wells or trenches for utilities.
6. Mining, quarrying, excavating, processing, or stockpiling rock, sand, gravel, aggregate, or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stress upon the soil of adjoining properties.
7. Exploratory excavations performed under the direction of a registered design professional.
8. Fills not intended to support structures.
9. Fills less than one (1) foot in depth.
Exemption from the permit requirements of this appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other law or ordinance of this jurisdiction.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021)
J103.3 Fees. Fees shall be assessed in accordance with the provisions of this section and shall be as set forth in the fee tables outlined in Table J103.3.1, Grading Plan Review Fees, and Table J103.3.2, Grading Permit Fees, contained in the Boise City Building Code Fee Schedule as adopted by the City Council.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021)
J103.3.1 Grading Plan Review Fees. When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be as set forth in the fee table outlined in Table J103.3.1, Grading Plan Review Fees, contained in the Boise City Building Code Fee Schedule as adopted by the City Council. Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. For excavation and fill on the same site, the fee shall be based on the volume of the excavation or fill, whichever is greater.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021)
J103.3.2 Grading Permit Fees. A fee for each grading permit shall be paid as set forth in the fee table outlined in Table J103.3.2, Grading Permit Fees, contained in the Boise City Building Code Fee Schedule as adopted by the City Council. Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. There shall be no separate charge for standard terrace drains and similar facilities.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021)
J103.4 Bonds. The building official may require bonds in such form and amounts as deemed necessary to ensure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate adverse conditions.
In lieu of a surety bond, the building official may allow the applicant to post a cash bond or instrument of credit with the building official in an amount equal to that which would be required in the surety bond.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021)
J105.1 General. Grading operations for which a permit is required shall be subject to inspection by the building official or designee as governed by Section 110 of this code and in accordance with sections J105.1.1 through J105.3.1. Professional inspection of grading operations shall be provided by the registered design professional retained to provide such services for engineered grading and as required by the building official for regular grading.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021)
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