(a) General. The issuance of a grading permit shall constitute an authorization to do only that work which is described or illustrated on the application for the permit or on the site plans and specifications approved by the City Engineer.
(b) Responsibility of the permittee and contractor and their agents. The permittee and contractor and their agents shall carry out the proposed grading in accordance with the approved plans and specifications, the conditions of the permit, and the requirements of this chapter and all other applicable laws. The permittee and contractor and their agents shall maintain all required protective devices and temporary drainage during the progress of the grading work and shall be responsible for the observance of the hours of work, dust control, and methods of hauling. The permittee and contractor and their agents shall be responsible for the maintenance of the site and the removal of all debris until such time as a notice of completion has been issued by the City Engineer. The permittee and contractor and their agents, and each or all of them, shall become subject to the penalties set forth in this chapter in the event of failure to comply with the provisions of this chapter and other applicable laws of the City. No approval shall exonerate the permittee or his agents from the responsibility of complying with the provisions and intent of this chapter.
(c) Jurisdiction of other agencies. Permits issued pursuant to the requirements of this chapter shall not relieve the owner of responsibility for securing the required permits for work to be accomplished which is regulated by any other law, department, or division of the City, County, or State.
(d) Regulation of access or haul routes. The City Engineer may impose conditions to the permit with respect to access or haul routes to and from grading sites, the hours of work, methods of controlling dust, and safety precautions involving pedestrian or vehicular traffic as he shall determine are required in the interests of the public health, safety, and welfare.
No permit shall be issued for the export or import of earth materials to or from a grading site, except upon the following conditions:
(1) The size or type of hauling equipment shall be limited in accordance with the width and conditions of the street.
(2) Traffic control devices, including flagmen, signs, and markers, shall be utilized at appropriate places along the designated routes of access to such sites.
(3) Temporary no parking restrictions may be imposed, with the approval of the City Engineer, along such routes when determined necessary.
(4) Such other conditions as may be determined necessary for the public health, safety, and welfare shall be imposed.
(5) In no event shall any export or import of earth materials to or from a grading site be undertaken or conducted except by use of equipment which complies in all respects with the Vehicle Code of the State.
(6) All loads shall be properly trimmed and watered or otherwise secured so as to prevent spilling from the equipment.
(7) In all cases where the City Engineer designates the haul routes, such designation of routes shall take into consideration the most practical means of transporting the earth materials to or from the grading site consistent with the safety and welfare of residents along the routes.
(e) Time limitations. The permittee shall fully perform and complete all of the work contemplated to be accomplished pursuant to the grading permit within the time limit specified in the permit.
Once grading has commenced, it shall be pursued with diligence so as to complete the operation within a reasonable period of time. If there is a cessation of grading activity for a period in excess of sixty (60) days, the City may utilize the bonds posted to guarantee performance to complete the grading. In addition, all slopes shall be extensively landscaped and the appropriate sprinkler system installed in accordance with an approved landscaping plan prior to the release of a certificate of completion. The cessation of grading activity between November 1 and April 15 due to heavy rainfall will not be cause for the City to utilize the bonds to complete the grading.
If the permittee is unable to complete the work within the specified time, he may, prior to the expiration of the permit, submit a written request for an extension of time in which to complete the work. If, in the opinion of the City Engineer, sufficient justification is shown, the time specified on the permit may be extended for a period of one hundred eighty (180) days or as approved by the City Engineer, but no such extension shall release any surety upon the bond.
(f) Entry upon premises. The City Engineer, the Council, the surety company, or their duly authorized representatives shall have access to the premises described in the permit for the purposes of inspecting the progress of the work. In the event of default in the performance of any term or condition of the permit, the surety, or any person employed or engaged in his behalf, shall have the right to go upon the premises to complete the required work, including the installation of temporary erosion control devices and landscaping as required by the provisions of this chapter.
It shall be unlawful for the owner or any other person to interfere with the ingress or egress from such premises of any authorized representative or agent of any surety company or the City engaged in the work ordered by the City Engineer or the Council.
(g) Consent of adjacent property owners. Whenever any grading operation requires entry onto adjacent property for any reason, the permit applicant shall obtain the written consent of the adjacent property owner or his authorized representative and shall file a copy of such consent with the City Engineer before a permit for such grading work may be issued.
(h) Restrictions during the rainy season.
(1) That period between November 1 and April 15 following is hereby determined to be the period in which heavy rainfall normally occurs in the City. During this period no grading work in excess of two hundred fifty (250) cubic yards shall be authorized to start in any single grading site under a permit where the City Engineer determines that such work will endanger the public health or safety.
Whenever it appears that any grading project previously commenced pursuant to a permit issued by the City Engineer will not be completed prior to the commencement of the rainy season, the City Engineer may order the installation of temporary erosion control devices to protect any property adjacent to such project.
(2) Previously authorized grading work which extends into the rainy season shall be protected by incorporating temporary erosion control devices.
(3) Plans for erosion control devices shall be submitted to the City Engineer and design approval obtained not later than October 1 of the coming rainy season. The design of desilting basins which discharge into City streets or natural watercourses shall be subject to the approval of the City Engineer.
(4) All persons performing any grading operations during that period designated as the rainy season shall put into effect all safety precautions which are necessary in accordance with good engineering practices. All loose dirt shall be removed from the grading, site, and adequate anti-erosion or drainage devices, debris basins, or other safety devices to protect the life, limb, health, and welfare of private and public property or others from damage of any kind shall be installed. All temporary erosion control devices, including desilting basins, shall be installed not later than November 1 of each year and shall be maintained throughout the rainy season. The removal of temporary erosion control devices during different phases of construction shall have the prior approval of the City Engineer.
(5) No person shall excavate or fill so as to cause falling rocks, soil, or debris in any form to fall, slide, or flow onto adjoining properties.
(6) All constructed desilting basins which are a part of the grading plan shall be maintained by the applicant unless otherwise accepted for maintenance by the City.
(i) Regulations relating to archaeological, paleontological, and historical sites.
(1) Known sites. Permits to perform grading at or near known archaeological, paleontological, or similar sites of historical significance may be conditioned in such a manner as to:
(i) Ensure the preservation of the site;
(ii) Minimize adverse impacts on the site;
(iii) Allow reasonable time for qualified professionals to perform archaeological investigations at the site; or
(iv) Preserve for posterity, in such other manner as may be necessary or appropriate in the public interest, the positive aspects of the cultural or historical site involved.
(2) Unknown sites. Where a grading permit has been issued with respect to an area not known at the time of issuance to include an archaeological, paleontological, or historical site, and where it is subsequently learned, either by representatives of the City or by any person doing grading pursuant to a grading permit, that a significant archaeological, paleontological, or historical site may be encompassed within the area to be graded or being graded, all grading shall cease, and the grading permit shall be deemed suspended. The finding of a site which may be a significant archaeological, paleontological, or historical site shall be reported to the Public Works Director and the Community Development Director within seventy-two (72) hours from the time the site is found. The Community Development Director, upon receiving such a report, shall cause a preliminary investigation of the site to be made by qualified professionals within five (5) working days after the time such a report is received. If the preliminary investigation should confirm that the site is or may be a significant archaeological, paleontological, or historical site, the grading permit shall remain suspended for a period not to exceed forty-five (45) days after the date the finding of the site was first reported to or learned by the City. During the period of suspension, and as promptly as reasonably possible, the Community Development Director shall develop conditions to be attached to the grading permit pursuant to the provisions of subsection (1) of this subsection. When such conditions are developed and attached to the permit, the permit shall be deemed reissued subject to such conditions, and the suspension shall be deemed terminated. In extraordinary circumstances, the suspension may exceed forty-five (45) days if, upon application of the Community Development Director to the Council, the Council shall concur.
(3) Any condition or conditions imposed pursuant to the provisions of subsections (1) or (2) of this subsection may be appealed to the Council in the manner prescribed in this Code, and the determination of the Council of such appeal shall be final.
(§ 2, Ord. 156-NS, eff. August 27, 1970; as amended by § I, Ord. 534-NS, eff. June 19, 1975)