Ord 2714 7/18/1972 V v
ORDINANCE NO. 2/17/
AN ORDINANCE THAT SETS FORTH RULES AND REGULATIONS TO
CONTROL EXCAVATION, GRADING AND EARTHWORK CONSTRUCTION,
INCLUDING FILLS AND EMBANKMENTS; ESTABLISHES THE ADMIN-
ISTRATIVE PROCEDURE FOR ISSUANCE OF PERMITS; AND PRO-
VIDES FOR APPROVAL OF PLANS AND INSPECTION OF GRADING
CONSTRUCTION.
Section 1 . Purpose:
The purpose of this ordinance is to safeguard life, limb, property
and the public welfare by regulating grading on private property.
Section 2. Permits Required:
No person shall do any grading without first having obtained a grading
permit from the Building Official except for the following:
I . Grading in an isolated, self contained area if there is no danger
apparent to private or public property.
2. An excavation below finished grade for basements and footings of
a building, retaining wall or other structure authorized by a valid build-
ing permit . This shall not exempt any fill made with the material from
such excavation nor exempt any excavation having an unsupported height
greater than 5 feet after the completion of such structure.
3. Cemetery graves.
4. Refuse disposal sites controlled by other regulations.
5. Excavations for wells or tunnels or utilities.
6. Exploratory excavations under the direction of soil engineers or
engineering geologists.
7. An excavation which (a) is less than 2 feet in depth, or (b) which
does not create a cut slope greater than 5 feet in height and steeper than
one and one-half horizontal to one vertical .
8. A fell less than 1 foot in depth, and placed on natural terrain
with a slope flatter than five horizontal to one vertical , or less than 3
feet in depth, not intended to support structures, which does not exceed
50 cubic yards on any one lot and does not obstruct a drainage course.
Section 3. Definitions :
For the purpose of this ordinance the definitions listed hereunder
shall be construed as specified in this Section.
AS-GRADED is the surface conditions extent on completion of grading.
BEDROCK is in-place solid rock.
BENCH is a relatively level step excavated into earth material on
which fill is to be placed.
BORROW is earth material acquired from an off-site location for
use in grading on a site.
CERTIFICATION shall mean a written engineering or geological opinion
concerning the progress and completion of the work.
CIVIL ENGINEER shall mean a professional engineer registered in the
state to practice in the field of civil works.
CIVIL ENGINEERING shall mean the application of the knowledge of the
forces of nature, principles of mechanics and the properties of materials
to the evaluation , design and construction of civil works for the beneficial
uses of mankind.
COMPACTION is the densification of a fill by mechanical means.
EARTH MATERIAL is any rock, natural soil or fill and/or any combin-
ation thereof.
ENGINEERING GEOLOGIST shall mean a geologist experienced and knowledge-
able in engineering geology.
ENGINEERING GEOLOGY shall mean the application of geologic knowledge
and principles in the investigation and evaluation of naturally occurring
rock and soil for use in the design of civil works.
EROSION is the wearing away of the ground surface as a result of the
movement of wind, water and/or ice.
EXCAVATION is the mechanical removal of earth material .
FILL is a deposit of earth material placed by artificial means.
GRADE shall mean the vertical location of the ground surface.
EXISTING GRADE is the grade prior to grading.
ROUGH GRADE is the stage at which the grade approximately conforms
to the approved plan.
FINISH GRADE is the final grade of the site which conforms to the
approved plan.
GRADING is any excavating or filling or combination thereof.
KEY is a designed compacted fill placed in a trench excavated in
earth material beneath the toe of a proposed fill slope.
SITE is any lot or parcel of land or contiguous combination thereof,
under the same ownership, where grading is performed or permitted.
SLOPE is an inclined ground surface the inclination of which is ex-
pressed as a ratio of horizontal distance to vertical distance.
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SOIL is naturally occurring surficial deposits overlying bed rock.
SOIL ENGINEER shall mean a civil engineer experienced and kncwledge-
able in the practice of soil engineering.
SOIL ENGINEERING shall mean the application of the principles of soil
mechanics in the investigation , evaluation and design of civil works in-
volving the use of earth materials and the inspection and testing of the
construction thereof.
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TERRACE is a relatively level step constructed in the face of a
graded slope surface for drainage and maintenance purposes .
Section 4, Grading Permit Requirements
(a) Permits Required. Except as exempted in Section 2 of this
Ordinance, no person shall do any grading without first obtaining a
grading permit from the Building Official . A separate permit shall be
required for each site, and may cover both excavations and fills.
(b) Application. The provisions of Section 106 of the Southern
Standard Building Code applicable to grading and in addition the appli-
cation shall state the estimated quantities of work involved.
(c) Plans and Specifications. When required by the Building Of-
ficial , each application for a grading permit shall be accompanied by
two sets of plans and specifications , and supporting data consisting of
a soil engineering report and engineering geology report. The plans
and specifications shall be prepared and signed by a civil engineer
when required by the Building Official .
(d) ', information on Plans and in Specifications. Plans shall be
drawn to scale upon substantial paper or cloth and shall be of suf-
ficient clarity to indicate the nature and extent of the provisions of
this Code and all relevant laws , ordinances , rules and regulations.
The first sheet of each set of plans shall give the location of the work
and the name and address of the owner and the person by whom they were
prepared.
The plans shall include the following information:
1 . General vicinity of the proposed site.
2, Property limits and accurate contours of existing ground and
details of terrain and area drainage.
3, Limiting dimensions , elevations or finish contours to be
achieved by the grading, and proposed drainage channels and related con-
struction.
4. 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 drain-
age area and the estimated runoff of the area served by any drains.
5. Location of any buildings or structures on the property where the
work is to be performed and the location of any buildings or structures on
land of adjacent owners which are within 15 feet of the property or which
may be affected by the proposed grading operations.
Specifications shall contain information covering construction and
material requirements .
(e) Soil Engineering Report. The soil engineering report required
by Subsection (c) shall include data regarding the nature, distribution '
and strength of existing soils , conclusions and recommendations for grad-
ing procedures and design criteria for corrective measures when necessary,
and opinions and recommendations covering adequacy of sites to be devel-
oped by the proposed grading .
Recommendations included in the report and approved by the Building
Official shall be incorporated in the grading plans or specifications.
(f) Engineering Geology Report. The engineering geology report re-
quired by Subsection (c) shall include an adequate description of the
geology of the site, conclusions and recommendations regarding the effect
of geologic conditions on the proposed development , and opinions and
recommendations covering the adequacy of sites to be developed by the
proposed grading. •
Recommendations included in the report and approved by the, Build-
ing Official shall be incorporated in the grading plans or specifica-
tions.
(g) Issuance. The provisions of Section 106 of the Southern
Standard Building Code are applicable to grading permits. The Building
Official may require that grading operations and project designs be modi-
fied if delays occur which incur weather generated problems not considered
at the time the permit was issued.
Section 5. Bonds :
The Building Official may require bonds in such form and amounts as
may be deemed necessary to assure that the work, if not completed in
accordance with the approved plans and specifications , will be corrected
to eliminate hazardous conditions.
In lieu of a surety bond the applicant may file a cash bond or in=
strument of credit with the Building Official in an amount equal to that
which would be required in the surety bond.
Section 6. Cuts :
(a) General . Unless otherwise recommended in the approved soil
engineering and/or engineering geology report cuts shall conform to the
provisions of this Section.
(b) Slope. The slope of cut surfaces shall he no steeper than is
safe for the intended use. Cut slopes shall be no steeper than two hori-
zontal to one vertical .
(c) Drainage and Terracing. Drainage and terracing shall be pro-
vided as required by Section 10.
Section 7. Fills :
(a) General. Unless otherwise recommended in the approved soil
engineering report fills shall conform to the provisions of this Section.
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In the absence of an approved soil engineering report these pro-
visions may be waived for minor fills not intended to support structures.
(b) Fill Location. Fill slopes shall not be constructed on natural
slopes deeper than two to one or where the fill slope toes out within 12
feet horizontally of the top of existing or planned cut slopes.
(c) Preparation of Ground. The ground surface shall be prepared to
receive fill by removing vegetation , noncomplying fill , topsoil and other
unsuitable materials as determined by the soil engineer, and, where the
slopes are five to one or steeper, by benching into sound bedrock or other
competent material .
(d) Fill Material . Earth materials which have no more than minor
amounts of organic substances and have no rock or similar irreducible
material with a maximum dimension greater than 8 inches shall be used.
(e) Compaction. All fills shall be compacted to a minimum of 90
per cent of maximum density as determined by Texas Highway Department
Test No. 113E. Field density shall be determined in accordance with
such Test No. 113E or equivalent as approved by the Building Official .
(f) Slope. The slope of fill surfaces shall be no steeper than
is safe for the intended use. Fill slopes shall be no steeper than
two horizontal to one vertical .
(g) Drainage and Terracing. Drainage and terracing shall be pro-
vided and the area above fill slopes and the surfaces of terraces shall
be graded and paved as required by Section 10.
Section 8. Setbacks :
The tops and the toes of cut and fill slopes shall be set back from
property boundaries as far as necessary for safety of the adjacent prop-
erties and to prevent damage resulting from water runoff or erosion of the
slopes.
The tops and the toes of cut and fill slopes shall be set back from
structures as far as is necessary for adequacy of foundation support and
to prevent damage as a result of water runoff or erosion of the slopes.
Section 9. Drainage and Terracing:
(a) General . Unless otherwise indicated on the approved grading
plan , drainage facilities and terracing shall conform to the provisions
of this Section.
(b) Excavation. Any excavation permitted under this ordinance
shall be designed in such a manner that drainage will he attained. No
ponding or retention will be allowed. Drainage in connection with
permitted excavation shall he designed to carry waters to the nearest
practical drainage way as approved by the Building Official .
(c) Terrace. Terraces at least 6 feet in width shah be estab-
lished at not more than 30-foot vertical intervals to control surface
drainage and debris. Suitable access shall be provided to permit proper
cleaning and maintenance.
Swales or ditches on terraces shall have a minimum gradient of five
per cent and must be paved with reinforced concrete not less than 3 inches
in thickness or an approved equal paving. They shall have a minimum depth
at the deepest point of 1 foot and a minimum paved width of 5 feet.
A single run of swale or ditch shall not collect runoff from a trib-
utary area exceeding 13,500 square feet (projected) without discharging
into a down drain.
(d) Subsurface Drainage. Cut and fill slopes shall ae provided
with subsurface drainage as necessary for stability.
(e) Disposal . All drainage facilities shall be designed to carry
waters to the nearest practicable drainage way approved by the Building
Official and/or other appropriate jurisdiction as a safe place to deposit
such waters. If drainage facilities discharge onto natural ground, rip-
rap may be required.
At least two per cent gradient toward approved drainage facilities
from building pads will be required unless waived by the Building Official
for nonhilly terrain.
Exception : The gradient from the building pad may be one
per cent where building construction and erosion control
will be completed before hazardous conditions can occur.
Section 10. Erosion Control :
(a) Slopes. The faces of cut and fill slopes shall be prepared
and maintained to control against erosion. This control may consist of
effective planting. The protection for the slopes shall be installed as
soon as practicable and prior to calling for final approval . Where cut
slopes are not subject to erosion due to the erosion-resistant character
of the materials , such protection may be omitted.
(b) Other Devices. Where necessary, check dams , cribbing , riprap
of other devices or methods shall be employed to control erosion and
provide safety.
Section 11 . Grading Inspection:
(a) General . All grading operations for which a permit is required
shall be subject to inspection by the Building Official . When required
by the Building Official , special inspection of grading operations and special
testing shall be performed in accordance with the provisions of Section
12 (c) .
(b) Grading Designation. All grading in excess of 5000 cubic yards
shall be performed in accordance with the approved grading plan prepared
by a civil engineer, and shall be designated as "engineered grading."
Grading involving less than 5000 cubic yards shall be designated"regular
grading" unless the premittec, with the approval of the Building Official
chooses to have the grading performed as "engineered grading."
(c) Engineered Grading Requirements. For engineered grading it shall
be the responsibility of the civil engineer who prepares the approved
grading plan to incorporate all recommendations from the soil engineering
and engineering geology reports into the grading plan. He shall also be
responsible for the professional inspection and certification of the
grading within his area of technical specialty. This responsibility shall
include, but need not be limited to, inspection and certification as to the
establishment of line, grade and drainage of the development area. The
civil engineer shall act as the coordinating agent in the event the need
arises for liaison between the other professionals , the contractor and the
Building Official . The civil engineer shall also be responsible for the
preparation of revised plans and the submission of as-graded grading plans
upon completion of the work.
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Soil engineering and engineering geology reports shall be required
as specified in Section 5. During grading all necessary reports , compaction
data and soil engineering and engineering geology recommendations shall
be submitted to the civil engineer and the Building Official by the soil
engineer and the engineering geologist.
The soil engineer's _area of responsibility shall include, but need not
be limited' to, the professional inspection and certification concerning the
preparation of ground to receive fills , testing for required compaction,
stability of all finish slopes and the design of buttress fills , where,re-
quired, incorporating data supplied by the engineering geologist.
The engineering_ geologist ' s area of responsibility shall include, but
need not be limited to, professional inspection and certification of the
adequacy of natural ground for receiveing fills and the stability of cut
slopes with respect to geological matters , and the need for subdrains or
other ground water drainage devices. He shall report his findings to the
soil engineer and the civil engineer For engineering analysis.
The Building Official shall inspect the project at the various stages
of the work requiring certification and at any more frequent intervals
necessary to determine- that adequate control is being exercised by the pro-
fessional consultants.
(d) Regular Grading Requirements . The Building Official may require
inspection and testing by an approved testing agency.
The testing agency ' s responsibility shall include, but need not be li-
mited to, certification concerning the inspection of cleared areas and
benches to receive fill , and the compaction of fills.
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When the Building Official has cause to believe that geologic factors
may be involved the grading operation will be required to conform to "en-
gineered grading" requirements .
(e) Notification of Noncompliance. If, in the course of fulfilling
their responsibility under this ordinance the civil engineer, the soil en-
gineer, the engineering geologist or the testing agency finds that the
work is not being done in conformance with this ordinance or the approved
grading plans , the discrepancies shall be reported immediately in writing
to the person in charge of the grading work and to the Building Official .
Recommendations for corrective measures , if necessary, shall be submitted.
(f) Transfer of Responsibility for Certification. If the civil en-
gineer, the soil engineer, the engineering geologist or the testing agency
or record are changed during the course of the work, the work shall be
stopped until the replacement has agreed to accept the responsibility within
the area of their technical competence for certification upon completion
of the work.
Section 12. Completion of Work:
(a) Final Reports . Upon completion of the rough grading work and at
the final completion of the work the Building Official may require the
following reports and drawings and supplements thereto:
1 . An As-Graded grading plan prepared by the civil engineer including
original ground surface elevations , as graded ground surface elevations ,
lot drainage patterns and locations and elevations of all surface and sub-
surface drainage facilities . He shall provide certification that the work
was done in accordance with the final approved grading plan.
2. A Soil Grading Report prepared by the soil engineer including lo-
cations and elevations of field density tests , summaries of field and la-
boratory tests and other substantiating data and comments on any changes
made during grading and their effect on the recommendations made in the
soil engineering investigation report. He shall provide certification as
to the adequacy of the site for the intended use.
3. A Geologic Grading Report prepared by the engineering geologist
including a final description of the geology of the site including any new
information disclosed during the grading and the effect of same on recom-
mendations incorporated in the approved grading plan. He shall provide
certification as to the adequacy of the site for the intended use as af-
fected by geologic factors.
(b) Notification of Completion . The permittee or his agent shall
notify the Building Official when the grading operation is ready for final
inspection. Final approval shall not be given until all work including
installation of all drainage facilities and their protective devices and
all erosion control measures have been completed in accordance with the
final approved grading plan and the required reports have been submitted.
Section 13. Appeals :
In the event an applicant is denied a permit under the provisions of
this ordinance, he may, not later than ten days from the date of receiving
notice of such denial , present notice of appeal to the Board of Aldermen
for a Public Hearing, by directing a letter to the City Manager setting
forth therein the date of denial and the reasons why the applicant feels
he has been wronged in being refused the permit . The City Manager shall ,
on receiving such notice of appeal , direct that it shall be placed on the
agenda to be considered in the due order of City business. The City Clerk
shall then notify the appealant as to the date and place where the Board of
Aldermen will consider the appeal , and publish a notice one time in the
official newspaper at least five days before the date when the Board of
Aldermen will consider the appeal . The City Clerk shall also notify by
mail each property owner, as listed on the latest tax ownership roll , of
property located within a 200 foot radius of the tract of property on
which the permit was denied, of the Public Hearing, its purpose, the date
and location of the hearing. The Board of Aldermen on conducting the Public
Hearing regarding the appeal may, by majority vote of those Aldermen present ,
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either grant or refuse to grant the permit. In the event the permit is
granted, the permit shall be issued by the Building Official in accordance
with the direction of the Board of Aldermen.
Section 14. Emergency:
The fact that excavation and grading can now be conducted in the city
without regulation or control , which could constitute both a nuisance and
a hazard, creates an emergency, and this ordinance is an emergency measure
which shall go into effect immediately.
PASSED AND APPROVED this the /gday of 1972.
MAYOR
ATTEST:
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1...4--AA-i- ,..- 11--49-1.
City Clerk