9-10-2 GRADING & EXCAVATING PERMIT

A. Purpose: The purpose of a grading and trenching permit is to eliminate unsafe slopes and soil instability, to avoid detrimental alteration of drainage patterns, to provide for safe and standardized utility location and installation practices, and to preserve the natural aesthetics of a mountain town consistent with the Town’s General Plan. B. Permit Required: No person shall commence or perform any excavation, grading, filling, trenching, or clearing of land and/or vegetation (grubbing) without first obtaining a grading and trenching permit. If the preceding activities are being proposed in preparation for development other than single-family residential use, a building permit must be approved prior to granting a grading and excavating permit. 1. No permit is required for a soils test or perc test which disturbs 200 square feet or small and is filled in upon completion of the test. Any person undertaking utility location shall comply with the applicable Blue Stakes regulations and standards. 2. If trees are being removed concurrent with grading and excavating operations, a separate tree removal permit must be obtained. C. Application & Review Process: 1. Application Packet: The applicant shall submit a permit packet, which includes: a. Town-approved application form (available from Planning and Zoning Department) (amd. Ord. 21-006, 05-25-21) b. Appropriate fee (as outlined in the consolidated fee schedule) c. Professionally engineered site plans showing the following: i. Existing conditions, including: a) Existing topography and vegetation b) Previously disturbed areas c) Areas showing signs of a history of landslide or erosion. ii. Proposed areas of disturbance iii. Existing and proposed surface drainage flow patterns iv. Location of existing and proposed utilities v. Proposed cuts with slopes measurements and heights vi. Proposed retaining walls. vii. Proposed storm drainage infrastructure d. Written description of the work being proposed, including: i. Timeframe in which work will be completed. ii. Equipment which will be used to conduct the operation. iii. Quantities to be removed from or brought to the site. iv. Plan for storage and disposal of materials v. Measures the applicant will take to mitigate erosion, noise, dust, smell, safety concerns and other potential nuisances during construction. e. Site restoration and landscaping plan. f. A report of subsurface investigation if it appears that there is a history of landslide or erosion that may be exacerbated by the proposed grading or filling. g. Insurance and bond information (if work is to be undertaken in the public right of way) 2. Planning and Zoning Department Review: a. The Planning and Zoning Department shall determine the adequacy of the application and may require the submission of further information where necessary to determine if all the Standards for Review have been met. (amd. Ord. 21-006, 05-25-21) b. The Planning and Zoning Department may waive application requirements which are deemed unnecessary to determine if all the Standards for Review have been met. (amd. Ord. 21-006, 05-25-21) c. The Town Engineer will review applications against the Standards for Review and furnish a report detailing findings and determinations. d. The Applicant may revise and resubmit their application, if necessary, to meet the Standards for Review. 3. Security for Completion: a. The Town may require a security for completion (in a form consistent with section 9-13-7 of this title) to assure the work will be corrected to eliminate hazardous conditions and to ensure the cleanup and restoration of the permitted area. b. If grading or clearing is being done in preparation for development prior to obtaining a building permit, a performance bond shall be required sufficient to ensure that any scars on the land may be remedied. D. Standards for Review: All grading, excavating, filling, and clearing operations which are performed under this chapter shall be consistent with section 9-12 of this title (Design Standards), and shall be designed to: 1. Prevent significant erosion and soil stability issues by: a. Minimizing cuts and fills on steep or hazardous terrain. b. Limit clearing of vegetation or disturbances of the soil to areas of proven stability, taking into consideration geologic hazards and soil conditions. c. Ensuring landscaping and restoration within one year of completing the grading work. d. Properly retaining any potentially unsafe slopes. 2. Ensure that the natural runoff capacity of streams, natural or historic runoff drainages, and improved storm drainage ditches or infrastructure shall not be exceeded causing flooding, erosion, or silting. 3. Comply with Standards & Specifications for Public Works Construction for utility construction and trench backfilling as well as the construction requirements and standards set forth in 9-10-2(E) of this title. 4. Preserve the natural aesthetics of a mountain town consistent with the General Plan by: a. Avoiding unnecessary clearing or burying of vegetation b. Ensuring that all excavation work, including spoil piles, do not create an attractive nuisance or hazard to the general public. c. Eliminating scars from cuts and fills, and preserve the natural scenic beauty of the area, such as rounding off sharp angles at the top, toe and sides of cut and fill slopes and matching or blending the natural contours and undulation of the land. d. Preserving trees and other native vegetation where possible and in accordance with fire-safe principles. e. Carefully removing, storing, and replacing a layer of fertile topsoil in disturbed areas for re-vegetation where feasible. E. Construction Requirements and Standards: 1. Discharge Prohibitions: No solid or liquid materials shall be discharged into any creeks or streams, onto lands below the high-water level of the same, or onto adjoining property. In order to prevent such discharges from occurring, own-approved erosion and silt control devices may be required. 2. Dust Control: Whenever the native ground cover is removed or disturbed, or whenever fill material is placed on the site, the exposed surface shall be treated to eliminate dust arising from the exposed material. The Planning and Zoning Department must approve dust control methods. (amd. ord. 21-006, 05-25-21) 3. Disposal of Cleared Vegetation: Vegetation removed during grading or clearing operations shall be disposed of in a manner approved by the Planning and Zoning Department. (amd. ord. 21-006, 05-25-21) 4. Water Flow Diverters: The Planning and Zoning Department may require diverters, as necessary, at the top of all cut and filled slopes where there is a potential surface runoff. (amd. ord. 21-006, 05-25-21) 5. Protection of Non-disturbed Areas: Construction equipment shall be limited to the disturbance areas identified in the approved plans. No vehicle of any kind shall pass over areas to be left in their natural state according to the approved plans. Fill dirt from cuts and excavation shall not be spread over non-disturbed areas as a disposal method. Failure to comply with this provision may result in the forfeiture of security and fines. 6. Protection of Any Existing Underground Public Utilities: The contractor shall ascertain and verify the location of any public underground utilities that may be on the property by contacting Blue Stakes, or other applicable agency, before doing any grading excavation. Once such are located, the permittee shall take reasonable care to protect and avoid damage to any such underground utilities. Any and all damage caused to public utilities by any act or negligence of the contractor's employees shall be repaired at the contractor's expense to the satisfaction of the utility company and the Town. 7. No Grading Near Historic Or Prehistoric Ruins: a. No grading, filling, clearing of vegetation, operation of equipment or disturbance of the soil shall take place in areas where any historic, prehistoric ruins, monuments or objects of antiquity are present. b. The grading plan shall indicate all such historic or prehistoric areas on the site and shall indicate the measures that will be taken to protect such areas. Should excavation uncover or discover any historic or prehistoric ruins or monuments or object of antiquity which were not known at the time of the submittal of the grading plan, all work in the immediate area shall cease until the Planning and Zoning Administrator, or designee, shall determine what precautions should be taken to preserve the historic artifacts. (amd. ord. 21-006, 05-25-21) F. Inspections: All construction or work for which a permit is required shall be subject to inspection at all reasonable times deemed necessary by the Planning and Zoning Department or the Town Engineer to ascertain compliance with the provisions of this chapter and other ordinances which are applicable. The permittee shall notify the Planning and Zoning Department at least twenty-four (24) hours in advance of both commencing and completing grading/excavating work as well as prior to infrastructure being covered or concealed by additional work. Whenever any work on which inspections are required is covered or concealed by additional work without first having been inspected, the Planning and Zoning Department may require, through written notice, that such work be exposed for examination. The work of exposing and recovering shall be an expense of the permittee requiring the inspection. (amd. ord. 21-006, 05-25-21) G. As built drawings: Drawings showing the final location of utilities installed shall be furnished to the Planning and Zoning Department for record purposes within thirty (30) days after the work is completed or forfeit any outstanding bonds. An extension period may be granted for a sufficient reason. H. Expiration: Unless a shorter time is stated in the permit when it is issued, all grading and excavating permits shall expire six (6) months after they are issued. All activities required or allowed by the permit, including cleanup, must be completed while the permit is in effect. Except with regard to required restoration and revegetation, upon expiration of the permit, all grading and excavating activities shall cease, and a new permit must be obtained by the applicant before engaging in further grading and excavating activities. (ord. 21-006, 05-25-21). (Chapter 10-2 was repealed and amended ord. 21-002, 3-9-21)