Chapter 16:
16.1
Grading/Excavation
Purpose
The standards and guidelines established in this chapter are intended to protect the public
health, safety, general welfare and aesthetics of the town by regulating grading (including initial
clearing and subsequent excavating or filling) on private and public lands within the Town. It
establishes grading standards that are designed to:
16.2
A.
Regulate the development of potentially hazardous terrain;
B.
Conserve the visual character of grading sites and settings;
C.
Conserve the value of properties near proposed grading activities; and
D.
Protect the natural environment and natural drainages.
Applicability
All grading/excavating (including initial clearing, brushing or grubbing and subsequent
excavating, cutting or filling) within the Town requires a grading plan and excavation permit and
shall be subject to the requirements of this chapter with the following exceptions:
16.3
A.
Grading for agricultural practices only on land with less than ten percent (10%)
gradient and including no more than thirty (30) cubic yards of excavation.
B.
Grading which totals less than five hundred (500) square feet of surface
disturbance and/or thirty (30) cubic yards of excavation.
C.
Grading for purposes of geotechnical testing which equals less than one
thousand (1,000) square feet and does not encroach on thirty percent (30%)
gradient slopes.
D.
Routine clearing of vegetation debris or other improvements in natural drainages
that does not alter the course, capacity, slope, base materials or dimensions of
the existing drainage.
Grading/Excavation Design
Grading design should conform as closely as possible to the existing natural terrain and
emphasize the natural environment over the built environment. Grading design should, to the
extent feasible, avoid sharp transitions between natural and modified grades, use curves and
undulating lines rather than straight lines and demonstrate sensitivity to the natural environment.
To help achieve these guidelines, grading design shall preserve significant natural features, with
the following preserved throughout the entire construction process whenever possible:
A.
Rock ledges and outcroppings greater than six feet (6') in height
B.
Boulders greater than ten feet (10') in diameter
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C.
16.4
Native vegetation greater than six feet (6') in height. If preservation of this
vegetation is not feasible, it may be removed.
Grading/Excavation Limits
The horizontal extent of grading and associated disturbance shall not exceed the following
limits:
A.
Grading and any associated disturbance for the construction of a residence shall
be limited to an area extending no more than the greater of either:
1.
Twenty feet (20') from any point of the proposed structure, or
2.
Ten feet (10') from any point of a patio, driveway, walkway, pool, deck or
similar improvements.
3.
There may be one single "stockpile" area on the property during
construction activities measuring no more than six hundred (600) square
feet. The stockpile area must be accessed either from the street or other
approved grading area.
All of the above areas (1, 2 & 3) shall be marked with a Limits of Disturbance
Fence (LODF) that shall remain in place during the entire construction process.
The Planning Commission may evaluate the need for a LODF and eliminate or
modify the LODF requirements in specific situations.
B.
The Town recommends and encourages all areas within the grading limits that
are not built upon, including the stockpile area, be planted with drought tolerant
and low water usage vegetation as soon as possible after the conclusion of
construction.
C.
No grading or other construction disturbance shall extend beyond the lot lines of
the approved construction site.
D.
In certain residential and agricultural projects requiring excavation, grading limits
may be decided on a site-by-site basis. In making the determination on a site-bysite basis, the objective shall be to minimize grading as much as possible. The
criteria used to determine grading limits include the following:
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1.
The amount of previously existing disturbance on the site
2.
The nature of the proposed use
3.
The amount of existing natural vegetation on the site
4.
The presence of sensitive slopes on the property
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16.5
Grading/Excavation With Construction
Grading must conform to the following standards during the construction process:
16.6
A.
Any natural features or areas outside of the approved grading limits that have
been identified for preservation shall be clearly marked with a LODF in order to
prevent accidental damage.
B.
The general contractor shall take measures to control dust generation and
distribution from the site.
C.
Should mud, dirt, rocks or other debris from the construction site be transported
onto adjacent streets, lanes or other properties, the general contractor shall be
responsible for cleaning and clearing the roadways or properties within twentyfour (24) hours.
D.
Temporary drainage structures (such as straw bales) shall be placed onsite to
control run-off during the construction phase, as required by the Building
Inspector.
Cut and Fill Requirements
A.
Cut and fill slopes shall be limited to ten feet (10') in vertical distance from the toe
of the slope to the top of the slope.
B.
The toe of any fill slope over four feet (4') in height shall be placed no closer to
any lot line than a distance equal to the height of the fill slope. As a stabilizing
and erosion control measure, the area between the lot line and the toe of the fill
slope shall be re-vegetated with a desert seed mix and drought-tolerant, low
water use vegetation.
C.
Cut and fill slopes shall be stabilized as follows:
1.
Slopes steeper than one point five (1.5)-to-one (1) and less than four feet
(4') shall be stabilized with stacked rock walls or concrete. These wall
materials shall match the surrounding environment in color and
appearance as closely as possible.
2.
Slopes steeper than one point five (1.5)-to-one (1) and four feet (4') or
greater in height shall require engineered stabilization. Plans and
drawings of the proposed slopes, stamped by a registered professional
engineer, shall be submitted to the Planning Commission for review as
part of the grading plan. The Planning Commission may approve the
cut/fill slopes and stabilization plan upon determination by the Building
Inspector that the following criteria have been met:
a.
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The proposed cut and fill slopes do not present a safety hazard;
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16.7
b.
The slopes are necessary to accomplish the proposed
development;
c.
Adequate design features have been proposed and will be
developed to prevent noticeable scarring of hillsides and
properties; and,
d.
The materials used for stabilization match the surrounding
environment in color and appearance as closely as possible.
D.
Structural fill material placed under new construction, and the compaction of
same, shall conform to recommendations of the geotechnical report. Imported
structural fill shall contain no rocks greater than twelve inches (12") in diameter or
any detrimental organic material or refuse debris.
E.
The use of gabion baskets to stabilize any cut or fill slope is not permitted.
Re-vegetation Standards
All vegetation used to fill the re-vegetation requirements of this chapter shall be drought-tolerant
and low water usage. Vegetation must be native or naturalized within the local environment and
no invasive species shall be allowed. The property must be re-vegetated within two (2) years of
completion of construction.
16.8
Additional Requirements
A.
No grading, road or trail building, excavating or other disturbance shall be
permitted on slopes of thirty percent (30%) or greater natural grade except as
specifically permitted as follows:
1.
B.
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Excavation preparatory to the placement of a structure (not a road,
driveway or trail) on thirty percent (30%) or greater natural grades may be
permitted when all of the following requirements are met:
a.
The placement of a proposed structure on thirty percent (30%) or
greater natural grade will noticeably reduce the visual impact the
structure has when viewed from the SR-9 Highway Corridor, as
compared with a structure that could be built on the same property
when avoiding areas of thirty percent (30%) or greater natural
grade.
b.
No fill is placed on thirty percent (30%) or greater natural grades.
c.
A licensed civil engineer has reviewed the excavation plan for the
thirty percent (30%) or greater natural grades and determined that
the slopes surrounding the excavated area will not be structurally
compromised as a result of the proposed excavation.
Slopes that measure thirty percent (30%) or more on grades which are not
natural grades may be modified or altered provided:
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16.9
1.
The modification or alteration does not encroach upon adjacent natural
grades which measure thirty percent (30%) or greater, and
2.
The natural grades that existed prior to the creation of the newly modified
grade measured less than a thirty percent (30%) grade.
Grading/Excavation Plan
A grading/excavation plan shall be required before a permit can be issued. This
grading/excavation plan shall be a part of the site analysis in all cases requiring a permit. The
plan shall be drawn to scale and include the following information:
A.
Property boundaries.
B.
Accurate predevelopment contours, shown as dotted lines, in no greater than two
foot (2') contour intervals within one hundred feet (100’) of the proposed
construction site.
C.
Post development contours shown as solid lines.
D.
Grading/excavation limits in conformance with this chapter.
E.
Notations on all areas of thirty percent (30%) or greater grades.
F.
Location, height and slope of all cut and fill slopes.
G.
Engineered plans for slope stabilization if the project contains any cut or fill
slopes steeper than one point five (1.5)-to-one (1) and/or greater than four feet
(4') in height.
H.
Finished pad elevations for all proposed structures.
I.
Rock ledges, boulders and native vegetation within the grading limits that will be
preserved.
J.
A note indicating that all areas that are outside of the LODF grading area are to
be protected from accidental or incidental disturbance during construction.
K.
Color renderings, to scale, of any cut and/or fill slope over four feet (4') in height
that will be visible from the SR-9 Highway Corridor.
16.10 Procedures for Permit
The following procedures are necessary before a grading permit may be issued:
A.
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For projects that are part of a building permit, the grading plan requirements and
application forms are included with the building permit process. For projects that
are not part of a building permit, the applicant shall submit a grading plan and an
application form (available from the Town Clerk) with the grading/excavation
permit fee.
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B.
Review: The Planning Commission shall review the application and grading plan
for conformance with the standards of this Chapter. If the proposed grading
complies with all applicable standards, the Planning Commission may approve
the application.
The Building Inspector shall also review the grading plans for conformance with
the International Building Code. If the proposed grading complies with all
applicable standards, the Building Inspector may approve the application.
C.
Grading Fees Paid: When the project has been approved, the applicant shall pay
the appropriate grading/excavation fee based on the Town's schedule.
D.
Permit Issued: After the project has been approved by the Planning Commission
and the Building Inspector, and the fees paid, the Town Clerk shall issue the
excavation and/or building permit requested.
E.
Permit Expiration: A grading and/or building permit expires if the work authorized
by that permit is not undertaken within one hundred eighty (180) days from
issuance, or if there is a cessation of permitted work for more than one hundred
eighty (180) days.
16.11 Grading/Excavation Inspections
The following inspections are required:
A.
Layout Inspection: Prior to the commencement of grading, the contractor shall
install a LODF to mark the grading area. The Building Inspector must inspect and
approve the LODF before any grading may begin.
B.
Grading Inspection: After the completion of grading activities, the Building
Inspector shall inspect all grading for conformance with the approved plan. The
LODF must remain in place throughout the entire construction process.
16.12 Grading Without a Permit
It shall be unlawful for any person to engage in any grading activity other than that previously
described in this Chapter without first obtaining the proper permit and approval.
A.
Failure to secure the proper permit and approval prior to beginning any grading
which meets the criteria of this Chapter will result in fines commensurate with a
class B misdemeanor.
B.
Grading not in compliance with an approved grading plan will result in fines
commensurate with a class B misdemeanor.
C.
When grading is done without a permit or out of compliance with an approved
grading plan, the party responsible for the grading will be required to secure a
permit or a revised approval, as appropriate, for the grading before any further
grading or construction can continue on the site. This requirement is in addition
to fines levied against the party pursuant to subsections A and B above.
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D.
Any person illegally grading without a permit will be required to mitigate the
damages and reclaim the property to its original state to the satisfaction of the
Town Council, at the expense of the responsible party or the property owner.
The Town may, at its sole discretion, require the party responsible for the
unlawful grading or the property owner to post a bond valued at twice the
estimated cost of the property restoration. The bond will be forfeited should the
property restoration not be completed in a timely manner as established by the
Town Council, but no more than one hundred eighty (180) days from notice of
the illegal grading.
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