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The City Building Department Administrative Manual, attached to Ordinance 91-8, shall be adopted and the Building Department shall hereby enforce the State Building Code as provided for in W. Va. Code 15A-11-5, as amended.
(Prior Code, § 1705.07) (Ord. 91-8, passed 8-20-1991)
EROSION PREVENTION
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CAPITOL CONSERVATION DISTRICT. The subdivision of the state created and organized to include Kanawha County pursuant to the provisions of the Soil Conservation Districts Law of West Virginia, being W. Va. Code Art. 19- 21A.
CUT or EXCAVATION. A portion of land surface or area from which earth has been removed will be removed by excavation: the depth below original ground surface to excavated surface.
DIVERSION. A channel with or without a supporting ridge on the lower side constructed across or at the bottom of a slope.
EROSION. The wearing away of the land surface by action of wind, water or gravity.
EXISTING GRADE. The vertical location of the ground surface prior to cutting or filling.
FILL. A human-made deposit of soil, rock or other material.
FINISHED GRADE. The final grade or elevation of the ground surface conforming to the proposed design.
GRADING. Any stripping, cutting, filling, stockpiling or any combination thereof, and includes the land in its cut or filled condition.
GRADING PERMIT. A permit issued to authorize work performed under this subchapter.
GRASSED WATERWAY. A natural or constructed waterway, usually broad and shallow, covered with erosion-resistant grasses, used to conduct surface water from a field, diversion or other feature.
MULCHING. The application of plant or other suitable materials on the soil surface to conserve moisture, hold soil in place and aid in establishing plant cover.
PERMANENT COVER. Perennial seedlings and plants used as a permanent cover for critical areas to minimize soil erosion.
PERMITTEE. Any person to whom a permit is issued in accordance with the provisions of this subchapter.
PERSON. A firm, partnership, association, bodies politic or corporate, or any other body acting as a unit, as well as an individual.
SEDIMENT. Solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site of origin, by air, water or gravity byproduct of erosion.
SEDIMENT BASIN. A barrier or dam built across a drain or waterway or at another suitable location to retain rock, sand, gravel, silt or other material.
SEDIMENT POOL. The reservoir space allotted to the accumulation of submerged sediment during the life of the structure.
SITE. Any plot or parcel of land or combination of contiguous lots or parcels or land where grading is performed or permitted.
SLOPE. The degree of deviation of feet surface from the horizontal plane, usually expressed in percent or degree.
SOIL. All unconsolidated mineral and organic material of whatever origin that overlies bedrock which can be readily excavated.
STRIPPING. Any activity which removes or significantly disturbs the vegetative surface cover, including clearing and grubbing operations.
TEMPORARY COVER. Straw, hay, mulch or annual seedlings used for critical areas to minimize soil erosion for no more than one season.
WESTERN CONSERVATION DISTRICT. The subdivision of the state created and organized to include Putnam County pursuant to the provisions of the “Soil Conservation Districts Law of West Virginia”.
(Ord. 04-05, passed - -)
No person shall do or cause to be done any grading, stripping or cutting upon any site within the city unless and until he or she has obtained a grading permit approved by the Building Inspector; however, no grading permit shall be required for the tilling or cultivating of any plot of ground within the city for the purpose of growing flowers, vegetables or other plants.
(Ord. 04-05, passed - -) Penalty, see § 151.99
(A) Any person desiring a grading permit shall submit the following information for the entire site upon which any grading, stripping or cutting is to be done.
(1) A plat or boundary line survey of the entire site on which the grading, stripping or cutting is to be done;
(2) Description of the features, existing and proposed, surrounding the site of importance to the proposed development;
(3) Description of general topographic and general soil conditions on the site. Information as to soil conditions is available from the Conservation Districts;
(4) The location and description of existing and future human-made features of importance to the proposed development;
(5) The plans and specifications for a grading permit shall contain needed and necessary soil erosion and sedimentation and control techniques using one or more of the appropriate soil erosion control measures in accordance with the standards and specifications of the Conservation Districts if the proposed grading, stripping or cutting will result in soil erosion and/or situation of adjoining property or property in the area; and
(6) A timing schedule indicating the anticipated starting and completion dates of the development sequence and the time of exposure of each area prior to completion of effective erosion and sediment control measures.
(B) All applications for grading permits shall be made in writing upon a form provided by the City Building Inspector and shall be made under oath and signed by the owner of the site, the owner by the contractor proposing to do the work or another authorized person.
(Ord. 04-05, passed - -)
(A) Upon any person filing an application for a grading permit, the Building Inspector shall, within three days of the date of the application, make or cause to be made an inspection of the site to be graded, and if he or she finds the erosion or sediment control measures are not necessary or that the planned and specified measures contained in the application are adequate to control and prevent erosion and/or situation of adjoining property or property in the area, he or she shall immediately approve the issuance of the grading permit. In the event that the Building Inspector finds that the proposed grading as planned will result in erosion and/or situation of adjoining property or property in the area, he or she shall not approve the issuance of the grading permit.
(B) Grading permits upon tracts of land smaller than one-fifth acre shall be approved by the Building Inspector if the following conditions are met:
(1) The proposed grading, stripping or cutting will not result in soil erosion and/or situation upon adjoining property or property in the area; or
(2) No disturbed soil shall be exposed for more than 30 days without temporary or permanent cover.
(C) Grading permits upon tracts of land larger than one-fifth acre shall be approved by the Building Inspector if the following conditions are met:
(1) The proposed grading, stripping or cutting will not result in soil erosion and/or situation upon adjoining property or property in the area;
(2) No disturbed soil shall be exposed for more than 30 days without temporary or permanent cover; and
(3) If needed to prevent excessive soil erosion and/or situation, the plans shall contain appropriate soil erosion and sedimentation control techniques using one or more of the soil erosion control measures in accordance with the standards and specifications of the Conservation Districts.
(Ord. 04-05, passed - -)
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