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14.07.050 Permits required.
Except as exempted in subsection (1) of this section, no grading shall be performed without first having obtained a permit from the building official. Issuance of a grading permit does not authorize the construction of retaining walls or other structures.
(1) Exemptions. Exemption from the permit requirements of this section shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. A grading permit shall not be required for the following:
(a) Excavation for construction of a structure permitted under this code.
(b) Cemetery graves.
(c) Refuse disposal sites controlled by other regulations.
(d) Excavations for wells, or trenches for utilities.
(e) Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate or clay where the site and activity are subject to review by the Department of Natural Resources, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties.
(f) Exploratory excavations performed under the direction of a registered design professional as defined by the International Building Code.
(g) An excavation that (i) is less than two (2) feet in depth at its deepest point of excavation; or (ii) does not create a cut slope greater than eight (8) feet in height and steeper than one (1) unit vertical in one and one-half (1.5) units horizontal (sixty-six and seven-tenths (66.7) percent slope). In either case, the excavation must not exceed fifty (50) cubic yards on any one lot, and must not alter a drainage course.
(h) A fill that (i) is less than one (1) foot in depth and placed on natural terrain with a slope flatter than one (1) unit vertical in five (5) units horizontal (twenty (20) percent slope); or (ii) is less than three (3) feet in depth at its deepest point. In either case, the fill must not be intended to support structures, must not exceed fifty (50) cubic yards on any one lot, and must not obstruct a drainage course.
(2) Simplified Grading Permits.
(a) Certain grading projects less than five hundred (500) cubic yards in the rural area away from critical areas may qualify for a simplified grading permit. A simplified grading plan review is allowed for projects that meet the following criteria:
(i) The application is for grading-only projects.
(ii) The site is within the rural area.
(iii) The grading must be less than five hundred (500) cubic yards (cut + fill).
(iv) There are no critical areas or their associated buffers or shoreline areas as identified by GIS within one hundred (100) feet of the proposed grading area. However, where critical area boundaries have been verified through an approved pre-determination or delineation in the field, grading may take place up to the critical area boundary/buffer.
(v) There are no archaeological resources known to exist on the site.
(vi) No historic resources will be affected by the grading.
(vii) The proposal contains no fill intended to support a structure, a road, a driveway or a parking area.
(viii) The proposed grading does not change the pre-grading drainage paths.
(b) Submittal requirements for simplified grading plan review are as follows:
(i) A “developer’s GIS packet.”
(ii) A grading plan showing:
(A) Overall boundary of parcel.
(B) Pertinent natural and man-made features within one hundred (100) feet of the proposed grading area, such as, but not limited to: roadways and driveways, drainage features, buildings or structures, and known historic resources. Such features shall be dimensioned to the edges of the proposed grading area and property lines.
(C) The location and dimensions of the proposed grading areas, including dimensions to property lines, and the depth of the proposed cut and fill.
(D) An estimate of the amount of cut and fill in cubic yards.
(E) Proposed erosion control measures.
(c) The grading plan will be reviewed in accordance with the applicable provisions of this section. Erosion control will also be reviewed in accordance with Section 40.380.060(E).
(d) The responsible official may place additional requirements on the application based on site-specific conditions.
(3) Regular and Engineered Grading.
(a) In addition to the general permitting and construction documents provisions of IBC Sections 105.3 and 106, a grading permit shall require the applicant to state the estimated quantities of excavation and fill. For any grading in excess of five thousand (5,000) cubic yards (three thousand eight hundred twenty-five (3,825) m3) the work shall be performed in accordance with an approved grading plan prepared by a registered design professional under the requirements in subsection (3)(a)(i) of this section, and the project shall be designated on the permit application as “engineered grading.” For any grading involving less than five thousand (5,000) cubic yards (three thousand eight hundred twenty-five (3,825) m3), such approved grading plan shall not be required, and the project shall be designated “regular grading” on the permit application, unless the permittee chooses to have the grading performed as engineered grading, or the building official determines that special conditions or unusual hazards exist, in which cases all grading performed shall conform to the requirements for engineered grading.
(i) Engineered Grading Requirements. Where a grading application is for “engineered grading,” it shall be accompanied by two (2) sets of plans and specifications, and supporting data consisting of a soils engineering report and engineering geology report. The plans and specifications shall be prepared and signed by an individual licensed by the state to prepare such plans or specifications when required by the building official. Specification shall contain information covering construction and material requirements. Plans shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail how they will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations.
Plans shall include the following information:
(A) On the first sheet, location of the work, the name and address of the property owner, the name and contact information for the applicant, and the person by whom the plans were prepared;
(B) General vicinity of the proposed site;
(C) Property limits and accurate contours of existing ground and details of terrain and area drainage;
(D) Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction;
(E) Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of, the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drains;
(F) Location of any buildings or structures on the property where the work is to be performed and the location of buildings or structures on land of adjacent owners that are within fifteen (15) feet (four thousand five hundred seventy-two (4,572) mm) of the property or that may be affected by the proposed grading operations;
(G) All recommendations included in the soils engineering report and the engineering geology report, except that when approved by the building official certain specific recommendations contained in those reports which are applicable to grading may be included by reference; and
(H) The dates of the soils engineering and the engineering geology reports together with the names, addresses, and phone numbers of the firms and individuals who prepared the reports. (Sec. 1 of Ord. 2007-06-05)