4-8-060 Standards and Specific Requirements

A. Applicability. All grading and excavation shall comply with the requirements set forth in this Chapter in addition to other requirements of this Code. B. Hours of Operation. All grading and excavation in or contiguous to residential neighborhoods shall be carried on between the hours of 7:00 a.m. to 5:30 p.m. The Zoning Administrator may waive this requirement if it is shown that restricting the hours of operation would unduly interfere with the development of the property and it is shown that other properties or neighborhood values would not be adversely affected. C. Dust and Dirt Control. All graded or disturbed surfaces of excavations, and all equipment materials and roadways on the site shall be dampened or suitably treated, managed, or contained to prevent the deposit of dust on neighboring properties; all materials transported to or from the site shall be so contained during transportation as to prevent spillage on streets or other property outside of the site. D. Slopes. Slopes for both excavations and fills shall meet standards set forth as part of the mining permit issued through the State Division of Oil, Gas and Mining. If the operation is exempt from State permits, slopes shall not exceed 2:1; E. Fill Material. All fill, except in publicly approved refuse disposal or other landfill operations, shall be earth, rock, or other inert materials free from organic material and free of metal, and except that topsoil spread on cut and fill surfaces may incorporate humus for desirable moisture retention and plant growth properties. F. Drainage. Adequate provision shall be made to prevent any surface waters from damaging the cut face of an excavation or any portion of a fill. All drainage ways and structures shall carry surface waters without producing erosion to the nearest practical street, storm drain or natural water course acceptable to the County Engineer as a safe place to deposit and receive such waters. The County Engineer may require such drainage structures to be constructed or installed as necessary to prevent erosion damage or to prevent saturation of the fill or material behind cut slopes. G. Finished Cuts and Slopes. The exposed or finished cuts or slopes of any fill or excavation shall be smoothly graded. All exposed slopes of any cut or fill shall be protected by approved planting, crib walls or walls and planting, terracing, or combination thereof. H. Back-Filling. Any pipe trench or other trenching or excavation made in any slope of any excavation or filled site shall be back-filled and compacted to the level of the surrounding grade. I. Compaction of Fills. Unless otherwise directed by the Zoning Administrator, all fills governed by this Code intended to support buildings, structures, or where otherwise required to be compacted for stability, shall be compacted, inspected and tested in accordance with the following provisions: 1. The natural ground surface shall be prepared by removal of topsoil and vegetation and, if necessary, shall be graded to a series of terraces. 2. The fill shall be spread in series of layers, each not exceeding six (6) inches in thickness, and shall be compacted by A sheeps foot @ roller compactor (after each layer is spread) or other method acceptable to the County Engineer. 3. The moisture content of the fill material shall be controlled at the time of spreading and compaction to obtain required maximum density. 4. The fill material after compaction shall have an average dry density of not less than ninety-five percent (95%) of maximum dry density and a minimum of ninety percent (90) % in all portions of the fill requiring compaction as determined by the AASHO Soil Compaction Test Method T99-57 or T180- 57, or other testing method acceptable to the County Engineer and Zoning Administrator. 5. A written report of the compaction, showing location and depth of test holes, materials used, moisture conditions, recommended soil-bearing pressures and relative density obtained from all tests, prepared by a civil engineer or soils engineer licensed by the State of Utah, shall be submitted to the Zoning Administrator or County Engineer. 6. The Zoning Administrator may require additional tests or information if, in his/her opinion, the conditions or materials are such that additional information is necessary, and may modify or delete any of the above-listed requirements that in his/her opinion are unnecessary to further the purpose of this Code. J. Erosion Control and Landscaping. All cut and fill surfaces created by grading except for firebreak purposes shall be planted with a ground cover that is compatible with the natural ground covers in the County. Topsoil is to be stockpiled during rough grading and used on cut and fill slopes. When slopes too steep to support continuous ground cover have been permitted and in lieu thereof niches and ledges provided for planting, such slopes need not be planted with a continuous ground cover, but may instead be screened with vines and plantings. Cuts and fills along public roads may be required to be landscaped so as to blend into the natural surroundings. All plant materials must be approved by the Planning Commission prior to issuance of a conditional use permit. K. Filling for Agricultural and Fire Protection Purposes. Filling of the ground for agricultural or fire protection purposes shall be accomplished with such practices as will prevent erosion and damage to natural drainage channels. L. Final Inspection. If upon final inspection of any grading it is found that the work authorized by the conditional use permit has been satisfactorily completed in accordance with the requirements of this Code and any other requirements imposed, the Zoning Administrator shall so record in the record. 1. The Zoning Administrator shall have the power to revoke any conditional use permit whenever it is found that the work covered by the certificate has been materially extended or altered without prior approval, or that any planting, retaining walls, cribbing, drainage structures, or other protective devices as shown on the approved plans and specifications submitted with the application for a permit have not been maintained in good order and repair. 2. Before such revocation, the Zoning Administrator shall first give written notice to the owner of the property involved, specifying the defective condition and stating that unless such defective condition is remedied satisfactorily, the conditional use permit may be revoked. If the defective condition is remedied to the satisfaction of the Zoning Administrator, the certificate shall not be revoked. M. Special Precautions. Special precautions shall be taken to preserve life, property values, stable soil conditions and aesthetics, including but not limited to the following: 1. Requiring a more level exposed slope, construction of additional drainage facilities, berms, terracing, compaction, or cribbing, installation of plant materials for erosion control, and reports of a registered soils engineer and/or engineering geologist whose recommendation may be made a requirement for further work. Such requirement by the Zoning Administrator shall constitute a change order in the work. 2. Where it appears that storm damage may result from work performed hereunder, such work may be stopped and the permittee required to take such measures as may be necessary to protect adjoining property or the public safety. On large operations or where unusual site conditions prevail, the Zoning Administrator may specify the time at which grading may proceed and the time of completion or may require that the operation be conducted in specific stages so as to ensure completion of protective measure or devices prior to the advent of seasonal rains. N. Excavations. All excavations shall be limited as follows: 1. No cut slope shall exceed a vertical height of one 100 feet unless horizontal benches with a minimum width of thirty (30) feet are installed at each one hundred (100) feet of vertical height. For operations exempt from State permits no excavation shall be made with a cut face steeper in slope than 2 horizontal to 1 vertical. Slopes for operations subject to permits through the State Division of Oil, Gas and Mining shall meet the requirements set forth in the state permit. 2. No excavation for construction of new utility and telephone lines shall be made in paved streets within five (5) years after paving. During said five (5) year period, tunneling under such streets may be authorized if otherwise in compliance with this Chapter, where to do so would facilitate construction of new utility and telephone lines, or maintenance. 3. No excavation for construction of new utility and telephone lines shall be made in paved streets within five (5) years after paving. During said five (5) year period, tunneling under such streets may be authorized if otherwise in compliance with this Chapter, where to do so would facilitate construction of new utility and telephone lines, or maintenance. O. Fills. All fills shall be limited as follows: 1. No fill slope shall exceed a vertical height of one 100 feet unless horizontal benches with a minimum width of thirty (30) feet are installed at each one 100 feet of vertical height. No fill shall be made which creates an exposed surface steeper in slope than a 2 horizontal to 1 vertical unless specifically permitted by the state. P. Prohibited Activities. 1. The provisions of this chapter shall not be construed as permitting the removal of topsoil solely for resale, or of permitting quarrying of any site within the limits of the County unless in a zoning district allowing such activities. 2. This chapter shall also not be construed as authorizing any person to maintain a private or public nuisance upon his or her property, and compliance with the provisions of this Chapter shall not be a defense in any action to abate such nuisance.