Chapter 9
LAND GRADING AND LEVELLING

Sections:

9-1.    Declaration of necessity.

9-2.    Compliance with chapter provisions required.

9-3.    Submittal of plans, maps, fees and other data.

9-4.    Map and document specifications – Additional data.

9-5.    Review by department of public works.

9-6.    Exemptions.

9-7.    Landowner responsibility – Violations deemed misdemeanors.

9-1 Declaration of necessity.

The board of supervisors finds that the regulations contained in this chapter governing the grading and levelling of land, the obstruction of or change in the natural drainage, and the control of irrigation and drainage water resulting therefrom are necessary for the protection of roads, highways, and other public properties and improvements pertaining to public health, safety, convenience and general welfare. (Ord. No. 414, § 2 (part).)

9-2 Compliance with chapter provisions required.

No person shall grade or level, cause to be graded or levelled, or commence grading or levelling operations upon any land area of five or more acres, or move, excavate, remove, dredge, pile or stockpile earth or other material so as to change, or cause to be changed, the natural course of any channel or waterway without first having complied with the provisions of this chapter. (Ord. No. 414, § 2 (part).)

9-3 Submittal of plans, maps, fees and other data.

Prior to the commencement of any work described in section 9-2 above, there shall be submitted to the county department of public works the following:

(a)  A completed informational form to be furnished by the department of public works.

(b)  Plans, profiles, maps and other data as may be required to show the proposed work.

(c)  (1) When land levelling is involved, it shall include a contour map of existing topography with a one-foot contour interval, showing existing drainage and watercourses, adjacent roads, highways, ditches, bridges, culverts and such other data as may be required by the department of public works.

(2)  The map shall show the proposed finished levelled area, indicating finished elevations, depth of cuts or fills, irrigation water source, and drainage features as called for herein.

(d)  If levelling or grading requires the relocation of a natural drainage channel, the plans for same must show a determination of the amount of water being diverted, its points of diversion, and if it carried in excess of five cubic feet per second (cfs), a certification by a registered engineer that the relocated channel will accommodate the flow, and that no resulting damage is likely to occur to other properties by virtue of the change. No such diversion shall be made onto any public roadway.

(e)  A fee of $50.00 for the first five acres, or any part thereof, plus $2.00 for each additional ten acres or portion thereof in excess of five acres, which shall be deposited in the general fund of the county. (Ord. No. 414, § 2 (part).)

9-4 Map and document specifications – Additional data.

(a)  Maps and other drawings required by this chapter shall be drafted to a scale which will clearly set forth the intended work, shall be legibly drawn and shall be subject to approval by the department of public works.

(b)  All documents shall bear the names of the property owner or his authorized representative, the person who has prepared the documents, and the party, contractor or otherwise, who will do the work.

(c)  The department of public works may require such additional information as it deems advisable and which is pertinent to the proposal. (Ord. No. 414, § 2 (part).)

9-5 Review by department of public works.

(a)  The department of public works shall review the submitted information and determine whether it complies with this chapter, and, if not, shall specify necessary additions or corrections. When the information does comply, then the department of public works shall so certify in writing on each of the submitted documents. Thereafter, and prior to commencing the work, the documents shall be filed by the person proposing to do the work in the office of the county clerk and they shall be open to inspection by any interested party.

(b)  The department of public works shall have the right, but not the duty to determine whether the work, when completed, complies with the information submitted and filed with the county clerk. (Ord. No. 414, § 2 (part).)

9-6 Exemptions.

(a)  This chapter shall not apply to regrading, relevelling, landplaning or lazer-planing in which the general configuration of the land is not changed, or there is no change in the water flow patterns on to, through, or from the parcel, and the greatest depth of any cut or fill in the work does not exceed 0.5 feet.

(b)  This exemption shall not apply to land which is being graded or levelled for the first time. (Ord. No. 414, § 2 (part).)

9-7 Landowner responsibility – Violations deemed misdemeanors.

(a)  It shall be the concurrent responsibility of the landowner, or his authorized agent, and the person who performs the work to comply with the provisions of this chapter.

(b)  Any person who fails to comply with the provisions of this chapter is guilty of a misdemeanor. (Ord. No. 414, § 2 (part).)