(a) Grading Permit Required. No person shall do or cause to be done any grading, stripping, cutting or filling (hereinafter collectively referred to as "grading") upon any site unless and until he has obtained a grading permit approved by the Building Inspector; provided, however, that no grading permit shall be required for the tilling or cultivating of any plot of ground solely for the purpose of growing flowers, vegetables or other plants.
(b) Requirements for Grading Permit. Any person desiring a grading permit shall submit the following information for the entire site upon which any grading, stripping, cutting or filling is to be done:
(1) A plat or boundary line survey of the entire site on which the grading, stripping, cutting or filling is to be done;
(2) Description of the features, existing and proposed, surrounding the site which may affect or be affected by the proposed development;
(3) Description of general topographic and soil conditions on the site. (Information as to soil conditions is available from the soil conservation district.);
(4) Location and description of existing and planned man-made features of importance to the proposed development;
(5) The plans and specifications attached to a grading permit application shall contain proposed soil erosion and sedimentation control techniques using one or more of the appropriate soil erosion control measures in accordance with the standards and specifications of the soil conservation district;
(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;
(7) All applications for grading permits shall be made in writing upon forms provided by the office of the Building Inspector and shall be made under oath and signed by the owner of the site, or for the owner by the contractor proposing to do the work, or other authorized person. Making a false or materially misleading statement upon such application with knowledge of such falsehood or such misleading character shall be a misdemeanor.
(c) Approval by Building Inspector. Upon receipt of an application for a grading permit, the Building Inspector shall make or cause to be made an inspection of the site to be graded and if he finds that erosion or sediment control measures are not necessary or that the planned and specified measures contained in the application are reasonably adequate to control and prevent erosion or siltation of the site and of adjoining property or property in the area, he shall approve the issuance of the grading permit unconditionally. In the event that the Building Inspector finds that the proposed grading as planned will probably result in erosion or siltation of the site or of adjoining property or property in the area, he may approve the issuance of the grading permit conditionally or may reject such application and require resubmission. If conditional approval is granted, the Building Inspector shall specify erosion control measures as express conditions of issuance thereof. Applications for permits not submitted in compliance with these regulations shall be rejected.
(1) Grading permits upon tracts of land smaller than one-fifth acre shall be approved by the Building Inspector if he finds that the following conditions are met:
A. During and after completion of the work, the proposed grading, stripping, cutting or filling shall not result in excessive soil erosion or siltation upon the site or upon adjoining property or property in the area; and
B. Except in cases of unusual hardship, as determined by the Building Inspector, disturbed soil shall not be exposed for more than thirty days beyond substantial completion of the work without temporary or permanent cover or other adequate safeguard against siltation and erosion.
(2) Grading permits upon tracts of land larger than one-fifth acre shall be approved by the Building Inspector if he finds that the following conditions are met:
A. During and after completion of the work the proposed grading, stripping, cutting or filling shall not result in excessive soil erosion or siltation upon the site, upon adjoining property or property in the area; and
B. Except in cases of unusual hardships as determined by the Building Inspector, disturbed soil shall not be exposed for more than thirty days, beyond substantial completion of the work without temporary or permanent cover or other adequate safeguard against siltation and erosion; and
C. If the Building Inspector deems it necessary to prevent excessive soil erosion or siltation, 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 Soil Conservation District's Erosion and Sediment Control Handbook for Urban Areas. The Building Inspector shall, in his discretion, determine whether the proposed soil erosion and sedimentation techniques proposed by the applicant to be used are appropriate and sufficient for such purpose.
(d) Period of Validity; Renewals. Any grading permit issued under the provisions of this section shall be valid for a period of six months from and after the date thereof; provided, that work shall have commenced within thirty days of the date of issuance thereof. If the grading of the site has not been completed within six months from the date of such permit, the same may be renewed for one additional period of six months without assessment of any fee therefor; provided, that the Building Inspector finds that work is progressing at a reasonable rate on such site and that such lack of completion is not attributable to an intention to frustrate or evade the provisions of this section and does not, in fact, operate to defeat or frustrate the provisions of this section. If the work is not actually substantially commenced within six months after the issue date of the original permit therefor, no renewal permit shall be granted, but a new application therefor may be made, and an additional fee paid, such additional fees to be according to the same schedule as provided for in subsection (e) hereof.
(e) Fee. Upon being granted a grading permit, the permittee shall pay a sum equal to five dollars ($5.00) for each thousand dollars ($1,000) of the estimated cost of the work as shown on the application up to a maximum fee of five hundred dollars ($500.00), but in any event a minimum fee of five dollars ($5.00) shall be charged, and the payment of such sum or fee shall be a prerequisite to the granting of any such permit. If the Building Inspector finds the estimated cost of the work to be different from that made on the application, he shall so indicate on the application in writing and the permittee shall be assessed the fee based on such revised estimate. Such fee shall be waived if a construction permit for the same site is obtained simultaneously, as to which such proposed grading, stripping, cutting or filling is incidental to such construction.
(f) Grading Without Permit or in Noncompliance. Until an application is made and approved in the manner prescribed in this section and the grading permit issued, no grading, stripping, cutting or filling of any site shall be done and no grading, stripping, cutting or filling of any site shall be done without strict compliance with soil erosion and siltation control measures set forth in the grading permit. Any applicant, owner, lessee, contractor or any workman who shall perform any work or labor to be performed in the grading, stripping, cutting or filling of any site without obtaining a permit therefor or without complying fully with the soil erosion and siltation control measures or conditions set forth in the grading permit or application shall be in violation of this section and shall be punishable by a fine of not less than one hundred dollars ($100.00) and not more than three hundred dollars ($300.00) for each violation; provided further, that each day such violation continues after notice of such violation is given shall constitute a separate offense. Notice shall be considered as given hereunder if conspicuously posted at such job site.
(1970 Code Sec. 28.1-29.1)