(a) General.
(1) Grading shall be designed, to the extent possible that lot lines are at the top of slope and with adequate property line setback from the slope to provide for required vertical slope rounding.
(2) Grading shall be designed wherever possible to be at the same elevation or below adjoining properties outside the development so as not to negate the privacy of the adjoining property owners. If it is not possible and there are adjoining properties which will be adversely affected, the developer shall be required to either move the slope onto the adjacent property owner's land replacing fences and improvements or replace the property owner's fence (if one exists) at the top of the slope and deed the slope to the property owner. The city may waive this requirement if the adversely affected property owner fails to negotiate for either option.
(3) Stockpiling of materials shall be subject to city approval and shall be removed or relocated when required for public health or safety.
(4) All graded surfaces and materials, whether filled, excavated, transported or stockpiled, shall be wetted, protected or contained in such a manner as to prevent any nuisance from dust, or spillage upon adjoining property or streets. Equipment and materials on the site should be used in such a manner as to avoid excessive dust.
(5) All grading and noise therefrom including, but not limited to, warming of equipment motors in residential zones, or within 1,000 feet of any residential occupancy, hotel, motel or hospital is prohibited between the hours of 9:00 p.m. and 7:00 a.m. of the following day, Monday through Saturday. No operation, as described herein shall occur on Sunday before 12:00 noon, and such operation shall cease on or before 6:00 p.m. on Sunday, unless other hours are approved by the Mayor, upon receipt of evidence that an emergency exists which would constitute a hazard to persons or property.
(6) Whenever any portion of the work requires entry onto adjacent property for any reason, the permit applicant shall obtain a right of entry from the adjacent property owner or his or her authorized representative in a form acceptable to the city, and shall file a copy of the fully executed right of entry with the city prior to issuance of the grading permit and/or approval of the grading plans.
(b) Setbacks.
(1) The tops and toes of cut and fill slopes shall be set back from property lines and structures as far as necessary to provide for safety of adjacent property, safety of pedestrians and vehicular traffic, required slope rounding, adequate foundation support, required swales, berms and drainage facilities and applicable zoning requirements.
(2) The setbacks and other restrictions specified by this section are minimum and may be increased by the Planning and Zoning Commission.
(c) Preparation of ground. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil and other unsuitable materials, scarifying to provide a bond with the new fill, and where slopes are steeper than five to one, and the height is greater than five feet, by benching into competent material, as determined by the geotechnical engineer. The area beyond the toe of fill shall be sloped for sheet overflow or a drain shall be provided. Unsuitable soil is soil which, in the opinion of the city or the engineer, is not competent to support other soil or fill to support structures or to satisfactorily perform the other functions for which the soil is intended.
(d) Cut and fill slopes.
(1) Cut and fill slopes shall be, in general, no steeper than is safe for the intended use or is necessary to insure the protection and safety of adjacent properties.
(2) Unless recommended otherwise by the geotechnical engineer, and approved by the city, the steepness of cut or fill slopes shall not exceed four horizontal to one vertical.
(3) The height of cut and fill slopes (including retaining walls) and the maximum depth of cut or fill shall not exceed that which is shown on the approved plan.
(4) Vertical slope rounding shall be in accordance with details as approved by the City Engineer.
(5) Cut and fill slopes shall be contour rounded as approved by the city during the various stages of approval.
(6) Variable slopes shall be used to mitigate environmental and visual impacts of grading.
(7) Cut and fill slopes shall be provided with subsurface drainage as necessary for stability.
(e) Excavations and embankments.
(1) General.
A. Cut and fills shall be designed to balance as near as possible to avoid the nuisances created by off-site hauling. If off-site hauling is determined necessary by the city, details of the hauling operation, including, but not limited to, size of trucks, haul route, dust and debris control measures and time and frequency of haul trips shall be submitted to the city for approval. The city may place such restrictions as are necessary to minimize health, safety and general welfare problems which might arise from this hauling.
B. Fill slopes shall not be constructed on natural slopes steeper than two horizontal to one vertical.
C. All fills shall be compacted to at least 100 percent of standard Proctor maximum dry density unless otherwise approved by the City Engineer.
(2) Fill material.
A. Detrimental amounts of organic material shall not be permitted in fills. No rock or similar irreducible material with a maximum dimension greater than 12 inches shall be buried or placed in fills.
B. The city may permit placement of larger rock when the geotechnical engineer properly devises a method of placement, continuously inspects its placement and approves the fill stability. The following conditions shall also apply.
1. Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan.
2. Rock shall be placed to assure filling of all voids with fines.
(Ord. 07-O-36, passed 11-7-2007)