(A) Permits required. Except as exempted in § 152.114(B), no person shall do any grading without first obtaining a grading permit for the Town Engineer. A separate permit shall be obtained for each site, and will cover both excavations and fills.
(B) Application. All commercial, industrial multi-family and any other non-single family residential grading plans shall conform to the requirements of division (C) of this section. For single family residential lots Figure 2.1 and Figure 2.2 are included to assist in determining what type of grading and drainage plan and permit is required. All single family residential grading permits will fall under one of the following categories:
(1) Regular grading permit requirements. Single Family Residential lots that are not required to provide an engineered grading and drainage plan, lots that do not fall under the Hillside Ordinance, lots where an existing drainageway is being relocated or modified, and lots that are grading less than 5,000 cubic yards of material fall under the Regular Grading Permit. The submittal requirements for this type of permit are set forth below. Figure 2.3 provides an example of a Regular Grading Permit.
(2) Each application for a regular grading plan shall be accompanied by a plan in sufficient clarity to indicate the nature and extent of the work. The plans shall give the location of the work, the name of the owner, and the name of the person who prepared the plan. The plan shall include the following minimum information:
(a) General vicinity of the proposed site, including boundary information.
(b) Existing elevations depicted by contours with a minimum contour interval of two feet. The town has two feet contour interval topography available upon request for a nominal fee.
(c) Proposed finish grades on the lot and all finish floor elevations of the structure(s).
(d) Limiting dimensions and depth of cut and fill.
(e) Total volume of cut and fill. The cost of the grading permit is based on the cut or fill quantity, whichever is greater.
(f) Provide information on how the lot will be drained and if any natural drainage is to be disturbed or re-routed.
(g) Location of any existing or proposed buildings or structures on the lot where work is to be performed, and the location of any buildings or structures within 15 feet of the proposed grading. viii. The maximum slope on any grade shall be labeled.
(3) Engineered grading permit requirements. Single Family Residential lots that are required by the subdivision plat or other document to provide an engineered grading and drainage plan, lots where an existing drainageway is being relocated or modified and lots that require the grading or more than 5,000 cubic yards of material fall under the Engineered Grading Permit Requirements. The submittal requirements for this type of permit are set forth below.
(a) Applications for a grading permit shall be accompanied by three sets of plans and specifications, and supporting data consisting of a geotechnical report or engineering geology report. The plans and specifications shall be prepared and signed by and individual licensed by the State of Arizona to prepare such plans or specifications.
(b) Specifications shall contain information covering construction and material requirements and may be included as part of the construction plans.
(c) Plans shall be drawn to scale upon substantial paper and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of this chapter and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the location of the work, the name and address of the owner, and the person by whom the plans were prepared.
(d) The plans shall include the following minimum information:
1. General vicinity map showing the proposed site
2. Property limits and accurate contours (minimum 2' contour interval) of existing ground and details of terrain and area drainage.
3. Limiting dimensions, elevations or finish contours to be achieved by the grading and proposed drainage channels and related construction.
4. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of, the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drains.
5. Appropriate storm water detention or retention basins to meet the requirements of this chapter.
6. Location of any existing or proposed buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners that are within 15 feet of the property that may be affected by the proposed grading operation.
7. Name, address, phone number and seal of the engineer preparing the plan.
8. Typical plan items such as north arrow, scale, approval block, etc.
9. Recommendations included in the geotechnical engineering report and the engineering geology report shall be incorporated in the grading plans or specifications. When approved by the Town Engineer, specific recommendations contained in the geotechnical engineering report and the engineering geology report, which are applicable to grading, may be included by reference.
(4) Hillside grading permit requirements. Single Family Residential lots that are determined to be hillside lots in accordance with Section 154-07-002H of the Town Code. The grading and drainage plans for these lots shall comply with all Hillside Development Requirements of the Town Code in addition to the requirements of division (B)(2) of this section.
(C) Geotechnical engineering report. The geotechnical engineering report required by this section shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures, including buttress fills, when necessary, and opinion on adequacy for the intended use of sites to be developed by the proposed grading as affected by geotechnical engineering factors, including the stability of slopes.
(D) Engineering geology report. The engineering geology report required by division (B)(2) of this section shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinion on the adequacy for the intended use of sites to be developed by the proposed grading, as affected by geologic factors. The engineering geology report may be included in the geotechnical report or may be waived in writing by the Public Works Department.
(E) Permit issuance.
(1) The application, plans, specifications, computations and other data filed by an applicant for a permit shall be reviewed by the building official. Such plans may be reviewed by other departments of this jurisdiction to verify compliance with any applicable laws under their jurisdiction. If the Town Engineer finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this code and other pertinent laws and ordinances, and that the fees specified have been paid, the Town Engineer shall issue a permit therefor to the applicant.
(2) When the Town Engineer issues the permit where plans are required, the Town Engineer shall endorse the plans in writing stating his approval. Such approved plans and specifications shall not be changed, modified or altered without authorizations from the Town Engineer, and all work regulated by this chapter shall be done in accordance with the approved plans.
(3) (a) The Town Engineer may issue a permit for the grading of a site when only a "Foundation Only" permit has been issued for building construction on the site before the entire building plans and specifications have been approved. However, any construction on the site is at the risk of the contractor and owner if there are changes required once the full plans are approved. The holder of the "Foundation Only" permit shall proceed without assurance that the permit for the entire building or structure will be granted.
(b) The Town Engineer may also issue an "At-Risk" grading permit for projects other than single and two family residential units if the following criteria are met:
1. The grading and drainage plan for the project has been approved.
2. The building plans, including landscaping plans, have been submitted for review by the town.
3. The developer has posted a bond in favor of the Town of Payson in an amount adequate to re-vegetate and landscape disturbed areas of the site. The intent of this bond is to pay for any site re-vegetation or landscaping needed to restore the site if the project does not receive a full building permit within 90 days. The amount of the bond shall be the estimated cost to re-vegetate and landscape the site determined by an Arizona registered professional. The bond will be released once landscape plans have been approved and a full building permit is issued for the project.
4. The developer/owner understands and agrees that all site work prior to the issuance of a full building permit is at their risk if any changes or modifications are required based upon final building plan approval.
5. The holder of the "At-Risk" grading permit shall proceed without any assurance that the permit for the entire building or structure will be granted.
(4) The issuance or granting of a permit or approval of the plans, specifications and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this chapter or of any ordinance of the town. Permits presuming to give authority to violate or cancel the provisions of this manual or other ordinances of the town shall not be valid.
(5) The issuance of a permit based on plans, specifications and other data shall not prevent the Town Engineer from thereafter requiring the correction of errors in said plans, specifications and other data, or from preventing construction operations being carried on thereunder when in violation of this chapter or of any ordinance of the town.
(6) Permits issued under the requirements of this subchapter shall not relieve the owner of the responsibility for securing required permits for work to be done which is regulated by any ordinance, department, or division of the town or other governing agency.
(7) Every grading permit issued by the Town Engineer under the provisions of this chapter that is in conjunction with a building permit shall run concurrent with and be valid for the term of the building permit.
(8) Every grading permit issued by the Town Engineer under the provisions of this chapter that is not in conjunction with a building permit shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can be re-commenced, a new permit shall be first obtained to do so, and the fee therefore shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee.
(9) Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The Town Engineer may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once.
(10) In granting any permit under this chapter, the Town Engineer may attach such conditions as may be reasonably necessary to prevent creation of a nuisance or hazard to public or private property. Such conditions may include, but shall not be limited to:
(a) Compliance with dust control requirements of the town or county.
(b) Requirements for fencing of excavations or fills which would otherwise be hazardous.
(c) Improvement of any existing site condition to bring it up to the standards of this chapter.
(11) Neither the issuance of a permit under the provisions of this chapter nor the compliance with the provisions hereof, or with any conditions imposed in the permit issued hereunder, shall relieve any person from responsibility for damage to other persons or property, nor impose any liability upon the town for damage to other persons or property.
(12) The Town Engineer may require that grading operations and project designs be modified if delays occur which incur weather-generated problems not considered at the time the permit was issued.
(13) The Town Engineer may require professional inspection and testing by the geotechnical engineer. When the Town Engineer has cause to believe that geologic factors may be involved, the grading will be required to conform to engineered grading.
(14) The Town Engineer may, in writing, suspend or revoke a permit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this chapter.
(Res. 1637, passed 2-28-02; Am. Ord. 782, passed 6-3-10; Am. Res. 2871, passed 9-17-15; Am. Ord. 872, passed 9-17-15)