BILL NO. 510 ORDINANCE NO. 510 adopt zoning regulations in ...
BILL NO. 510 ORDINANCE NO. 510 BILL NO. 510, AN ORDINANCE AMENDING CITY OF MESQUITE CODE, TITLE 8 FLOOD CONTROL ORDINANCE, REPLACING SECTION 8-1- PART II: EXCAVATION AND GRADING WITH A NEW SECTION 8-2 EXCAVATION AND GRADING STANDARDS, AND TO PROVIDE FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, it is reasonable and appropriate to amend the Mesquite Municipal Code from time to time; and WHEREAS, under NRS 543.595 a county or city is not eligible to receive money, from the regional fund for the control of floods, for the acquisition of a project or improvement unless it has incorporated the flood control district’s regulations, including grading and excavation requirements, in its ordinances governing the subdivision of land, parcel maps, and division of land into large parcels. The Nevada Legislature has granted to the governing body (City Council) authority to prepare and adopt such zoning and subdivision regulations; and WHEREAS, NRS 278.250 authorizes the governing body (City Council) to prepare and adopt zoning regulations in accordance with the master plan for land use; and
WHEREAS, NRS 278.326 authorizes the governing body (City Council) to prepare local subdivision ordinances governing improvements, mapping, accuracy, engineering and related subjects;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MESQUITE AS FOLLOWS:
SECTION 1: Mesquite Municipal Code, Title 8 Flood Control Ordinance is hereby amended by replacing section 8-1- Part II: Excavation and Grading with a new section 8-2 Excavation and Grading Standards, as shown in the attached Appendix A.
SECTION 2: If any section, paragraph, clause or provision of this ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall in no way affect remaining provisions of this ordinance. SECTION 3: All ordinances, parts of ordinances or chapters, sections or paragraphs contained in the Mesquite Municipal Code in conflict herewith are hereby repealed. SECTION 4: The City Council finds that this ordinance w i l l safeguard life, property and the public welfare of the citizens of the City by establishing minimum requirements for regulating grading, excavation and filling as they impact local or regional drainage, together with the procedures by which these requirements may be enforced.
SECTION 5: This ordinance shall become effective 20 days after publication. SECTION 6: The City Clerk shall cause this ordinance to be published once immediately following its adoption, by title, in a newspaper qualified pursuant to provisions of Chapter 238 of NRS, as amended from time to time.
PASSED, ADOPTED, AND APPROVED this XXth day of XXX, 2017.
By: ________________________ Allan S. Litman, Mayor
ATTEST:
BY:________________________ Tracy Beck, City Clerk
AYE: NAY: ABSTAIN: PUBLICATION DATE: EFFECTIVE DATE:
Approved as to Form
By:________________________ Robert Sweetin, City Attorney
APPENDIX A TITLE 8 CHAPTER 2 GRADING AND EXCAVATION STANDARDS 8-2-1: PURPOSE AND AUTHORITY: A. Purpose: The purpose of this chapter is to safeguard life, property and the public welfare of the citizens of this district by establishing minimum requirements for regulating grading, excavation and filling as they impact local or regional drainage, together with the procedures by which these requirements may be enforced. B. Authority: Nevada Revised Statutes 543. (Ord. 44, 4-14-1988)
8-2-2: DEFINITIONS: The words and terms used in this chapter shall be defined as follows in this section unless it is plainly evident from the context that a different meaning is intended. All words used in the singular shall include the plural and the plural the singular. Each gender shall include the other; any tense shall include the other tenses. The word "shall" is mandatory and the word "may" is permissive. BEST MANAGEMENT PRACTICES (BMPs): Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. With regard to construction these may include structural devices or nonstructural practices that are designed to prevent pollutants from entering water or to direct the flow of water. Additional information can be obtained in the Nevada State Conservation Commission’s “Best Management Practices Handbook” posted on the NDEP’s web site. CERTIFICATION: A signed written statement that the specific inspections, verifications of lines and grades and tests where required have been performed and that such inspections, verifications of lines and grades and tests comply with the applicable requirements of this chapter. CLEAN WATER ACT (CWA): The Clean Water Act is an act passed by the U. S. Congress to control water pollution. It was formerly referred to as the Federal Water Pollution Control Act of 1972 or Federal Water Pollution Control Act Amendments of 1972.
CLEARING AND GRUBBING: Clearing and grubbing for site preparation and/or vacant land cleanup, removal of vegetation down to duff or bare soil, by any method. COMPACTION: The densification of fill by a mechanical means. CONTAMINANT: A contaminant is any physical, chemical, biological or radiological substance or matter which is added to water. DESIGNATED OFFICIAL: Designated Official is that individual required by individual entities to administer this grading chapter. DISCHARGE: Discharge is any addition of a pollutant or pollutants to water. DUST CONTROL PERMIT: A permit issued by Clark County Department of Air Quality and Environmental Management, for all clearing and grading projects of onequarter (1/4) acre or larger. DUST PALLIATIVE: Hygroscopic material, non-toxic chemical stabilizer or other dust palliative material which is not prohibited for ground surface application by EPA (Environmental Protection Agency) or NDEP (Nevada Division of Environmental Protection) or any applicable law or regulation, as treatment material for reducing fugitive dust emissions. ELEVATION: All elevations will be referenced from the national geodetic vertical datum (NAVD) of 1988. ENGINEERING GEOLOGIST: A geologist experienced and knowledgeable in engineering geology. ENGINEERING GEOLOGY: Engineering Geology is the application of geological data and principles to engineering problems dealing with naturally occurring rock and soil for the purpose of assuring that geological factors are recognized and adequately interpreted in engineering practice. ENVIRONMENTAL DEVELOPMENT PLAN: An agreement between the developer and the City of Mesquite to use best management practices, to minimize hazards to the environment during construction. This is a requirement for developments in the 1996 and 1999 Mesquite Land Act Properties. EROSION CONTROL: Erosion control practices protect the soil surface from being detached by rainfall or wind. Erosion control treats soil as a resource with value and works to keep it in place. EXCAVATION OR CUT: An act by which soil, sand, gravel or rock is cut into, dug, quarried, uncovered, displaced or relocated, and shall include the conditions resulting therefrom.
FILL: Deposits of soil, rock or other earth material placed by man. FINISH GRADE: The grade or elevation of the ground surface after grading is complete. FLOOD HAZARD AREA: The area subject to flooding as defined on maps by the federal insurance administration of the federal emergency management agency (FEMA) and/or the applicable map accepted by the local entity. GEOLOGIC HAZARD: A naturally occurring or manmade geologic condition or phenomenon that presents a risk or is a potential danger to life and property. Examples of geologic hazards: land- sliding, flooding, earthquakes, ground subsidence, coastal and beach erosion, faulting, dam leakage and failure, mining disasters, pollution and waste disposal, and seawater intrusion. GRADING: Any excavating or filling, or combination thereof, and shall include the land in its excavated or filled condition. GRADING PERMIT: A permit issued pursuant to this chapter. GROUND WATER, PHREATIC WATER: That part of the subsurface water which is in the zone of saturation. LAND DISTURBANCE: Is the clearing, excavating, grading, or other manipulation of the terrain. LOCAL ADMINISTRATOR: The public official, or his designee, who will be charged with lead responsibility for administering and implementing the uniform regulations for the control of drainage, Clark County regional flood control district, within their entities. NATURAL GROUND SURFACE: The ground surface in its original state before any grading, excavation or filling. NON CONTIGUOUS SITE: A site that is not adjacent to each other NOTICE OF INTENT (NOI): Notice requesting authorization to discharge storm water pursuant to the NPDES Construction General Permit applicable to that specific area. (required on all sites one (1) acre and larger). NPDES: National Pollution Discharge Elimination System, a national program under Section 402 of the Clean Water Act for regulation of discharges of pollutants from point sources to waters of the United States. Discharges are illegal unless authorized by an NPDES permit.
ONSITE DETENTION: Is the temporary storage of runoff on the site. ONSITE RETENTION: Is the permanent holding of runoff on the site through percolation to the ground. OWNER: Any person who is the owner of, has a possessory interest in, has possession or control of, or occupies real property. PERMITTEE: Any person to whom a permit is issued pursuant to this chapter. ROUGH GRADE: Is the stage at which the grade approximately conforms to the approved plan. SEDIMENT: Is material deposited in a stream, drainage course, or other area from eroded earth material that was carried by wind, gravity, and runoff. SEDIMENT CONTROL: Sediment control practices trap soil particles after they have been dislodged and moved by wind or water. Sediment controls are generally passive systems that rely on filtering or settling soil particles out of the water or wind that is transporting them. Sediment control treats soil as a waste product and works to remove it from storm water runoff. SITE: Any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted. SLOPE: An inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. SOIL: Naturally occurring superficial deposits overlaying in place solid rock. SOILS/GEOTECHNICAL ENGINEER: A Nevada registered engineer experienced and knowledgeable in the practice of soil engineering. SOILS/GEOTECHNICAL ENGINEERING: The application of the principles of soil mechanics in the investigation, evaluation and design of civil works, involving the use of earth materials and the inspection and testing of the construction thereof. SPECIFICATIONS: A description of the material, processes, standards of performance and workmanship required in a project. Specifications may be indicated on plans or drawings or in writen materials containing standard and special provisions such as soil reports. Other reports or standards as may be necessary pertaining to the quality of the project. STOCKPILING: Stockpiling of materials, such as dirt, fill, Type II, rock or debris, for future use or export
STORM WATER POLUTION PREVENTION PLAN (SWPPP): A series of phases and activities to, first, characterize your site, and then, to select and carry out actions which prevent the pollution of storm water discharges. (Part of federal NPDES program and requirement of all sites one (1) acre and larger, a copy to be maintained on site and updated as changes are made to improve or correct conditions.) TERRACE: A relatively level step constructed in the face of a graded surface for drainage and maintenance purposes. (Ord. 44, 4-14-1988) TRACK-OUT: Soil on paved roadways deposited from vehicles that have passed from a construction site or from an unpaved access route onto the paved surface.
8-2-3: FEES AND BONDS: A. B.
Fees: Appropriate fees, procedures and regulations may be established for cost of enforcement of this chapter. Bonds: Appropriate bonds and collection procedures may be imposed by the local entity to assure compliance with this chapter. (Ord. 44, 4-14-1988)
8-2-4: ACTIVITIES REQUIRING GRADING PERMITS AND EXCEPTIONS: A.
Permit Required: A grading permit shall be required for any grading, clearing or stockpiling impacting local or regional drainage as indicated by the local administrator. No other permits required under the jurisdiction's building code shall be approved for construction until the local administrator approves the issuance of a grading permit. The permit may then be issued by the designated official. B. Separate Permits: A separate permit shall be required for each noncontiguous site and may cover both excavations and fills. PUD’s shall be considered contiguous within the PUD boundaries. C.
Filling And Excavating: No person shall perform any grading without first obtaining a grading permit from the designated official, except for the following activities: 1. Landscaping surrounding an existing single-family residence which does not impact drainage to adjacent properties and complies with local ordinances. 2. Grading or Clearing of vegetation in any area less than one (1) acre in size if the local administrator finds that no apparent danger to private or public property can now or thereafter result from the grading operation. (The property owner shall be required to obtain a Clark County Dust Permit in his / her name for all clearing and grading of sites of one-quarter (1/4) acre and larger). The property owner shall also be required to obtain a Clark County Dust Permit in his / her name for all clearing and grading
of sites of one-quarter (1/4) acre and larger). 3. Cemetery graves. 4. Excavations for wells. 5. Refuse disposal sites controlled by other regulations where the operation thereof does not block or divert any natural drainage course, or affect the lateral support or unduly increase the stresses in, or pressures upon, any adjacent or contiguous property. 6. On site trenching for utility purposes. 7. Exploratory excavations under the direction of a soil engineer or engineering geologist. 8. Mining, quarrying, excavation, processing, stockpiling of rock, sand, gravel, precious metals, aggregate or clay where established and provided for by law, provided such operations preserve natural drainage and do not affect the lateral support or increase the stresses upon any adjacent or contiguous property. 9. The installation of SWPPP BMP’s D.
Exceptions for Emergencies: The provisions of this code shall not apply to any grading operation which is conducted during a period of emergency or disaster, and which is directly connected with or related to relief of conditions caused by such emergency or disaster. (Ord. 44, 4-14-1988)
8-2-5: PERMIT REQUIREMENTS: A. GRADING PERMIT REQUIRED: Except as exempted in section 8-2-5 (C) of this chapter, no person shall do any grading, nor shall any owner allow grading on his property, unless the owner or his/her designee has a valid grading permit issued by the designated official. A separate grading permit shall be required for each noncontiguous site and may cover both excavations and fills. (Ord. 44, 4-141988) B. APPLICATION FOR PERMIT, INFORMATION: To obtain a grading permit, the applicant shall complete a form furnished by the designated official. A separate application shall be required for each grading permit. The application shall be signed by the owner of the property or by the licensed contractor performing the work. The following shall apply to every application:
1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by lot, block, tract or similar description that will readily identify and definitely locate the proposed work, together with the name and address of property owner. 3. Indicate the intended use for which the site is being prepared. 4. Give proposed location of deposit area and name and address of person which will receive excavated material and evidence that the property owner is willing to receive the material (if off site). 5. Be accompanied by plans and specifications as required in section 82-5 (C) of this chapter. 6. State the estimated quantities of earthwork involved, excavation and fill. 7. Be signed by the property owner or his/her authorized agent, who may be required to submit evidence to indicate such authority. 8. Give such other information as required in section 8-2-5-5 (E) of this chapter. 9. A soils engineering report shall be required unless waived by the designated official. (Ord. 44, 4-14-1988) 10. A copy of the Notice of Intent filed with the Nevada EPA for sites one (1) acre and larger, signed by the General Contractor.
C. PLANS AND SPECIFICATIONS: The designated official may require that plans and specifications be prepared by a professional licensed to practice in the state of Nevada in accordance with Nevada Revised Statutes 625. Each application for a grading permit shall be accompanied by two (2) sets of plans and specifications. The plans shall be drawn to scale upon Mylar or good quality, reproducible paper and shall be of sufficient clarity to indicate the nature and extent of the work proposed and shown in detail that they will conform to the provisions of this chapter and all relevant laws, ordinances, rules and regulations. The designated official, or his designee, shall endorse in writing or stamp the plans and specifications "approved". Such approved plans and specifications shall not be changed, modified or altered without authorization from the designated
official and all work shall be performed in accordance with the approved plans. The first sheet of each set of plans shall give the location of the work and the name and address of the owner or developer and persons by whom the plans and specifications were prepared. The plans and specifications shall show, but need not be limited to, the following information: 1. A general vicinity map of the proposed site. 2. Show property limits and accurate contours of the existing ground and details of the terrain reference to a point approved by the local administrator. Whenever possible, elevations shall be in accordance with the established United States coastal and geodetic survey, and the National Geodetic North AmericanVertical Datum (NGAVD) of 192988. Accurate contours beyond the property limits shall be displayed when appropriate to depict impacted topography. 3. Show limiting dimensions, elevations and finished contours to be achieved by the proposed grading. 4. Show locations of all existing or proposed buildings, structures, fences, block walls and retaining walls on the property where the work is to be performed and the location of any buildings, structures, fences, block walls and retaining walls on land of adjacent owners which may be affected by or affect the proposed grading operation. 5. Show locations and dimensions of all easements. 6. Show impacted utilities. 7. Delineate drainage which will impact, or be impacted by, the proposed grading. 8. Identify all existing and proposed surface and subsurface drainage devices, walls, channels and other protective measures to be constructed with, or part of, the proposed work. The soils engineer shall review the final plans and specifications of the project and attest to, in writing, the soils reports applicability to the proposed project. The written information provided by the soils engineer shall be submitted for acceptance to the designated official, or his designee. (Ord. 44, 4-14-1988) D. ADDITIONAL INFORMATION REQUIRED: The designated official may
require additional information such as an engineering geology report, or a drainage study. These studies and reports shall be approved by the designated official prior to the issuance of a grading permit. When specified by the soils investigation report, the designated official shall require a ground water study. (Ord. 44, 4-14-1988) E. REPORT CONTENT: Plans, computations and specifications shall be prepared by a professional, licensed to practice by the state of Nevada in accordance with Nevada Revised Statutes 625. The soils investigation report, ground water study and engineering geology report shall contain, but not be limited to, the following information: 1. Plan Content: a. A general vicinity map of the proposed site. b.
Show site limits and approximate contours. Whenever possible, elevations shall be in accordance with the established United States coastal and geodetic survey, and the National Geodetic North American Vertical Datum (NGAVD) of 192988.
c. Location of explorations and field test locations. d. Depth to ground water, if less than fifteen feet (15'), that may affect the proposed development. e. Known or encountered geologic hazards present on the site shall be accurately delineated. f. Approximate limits of known and encountered existing fill.
2. Minimum Exploration Requirements For Non-critical Structures As Determined By Local Administrator: The minimum exploration requirements are as follows: The minimum depth of an exploration shall be ten feet. Exploration depth shall be increased as necessary to evaluate the suitability of the material within the foundation’s depth of influence as determined by the registered design professional. The explorations can be terminated should refusal be encountered. However, at least three-fourths of the required explorations shall be to the minimum depth. The geotechnical report shall clearly state the refusal criteria. When information regarding the proposed structure and the final grades is made available, the registered design professional shall
determine if the explorations originally documented in the geotechnical report meet the depth requirements. In areas of deep cuts or excavations, the geotechnical explorations may be performed after excavations have been performed. The minimum number of explorations performed shall be as follows: 1. For areas less than or equal to one acre, a minimum of two explorations. 2. For areas greater than one acre, but less than five acres, a minimum of one exploration for the first acre and one for each additional two acres, or portion thereof. 3. For areas greater than five acres, but less than twenty acres, a minimum of three explorations plus one additional exploration for each three acres or fraction thereof above five. 4. For areas greater than twenty acres, a minimum of eight explorations plus one additional exploration for each five acres or fraction thereof above twenty. Exceptions: 1. A minimum of one exploration is required for single story structures with a footprint less than 2000 square feet whose locations are known and only that area of the site is to be developed. This provision is limited to detached structures classified as Group U occupancy or building additions of any occupancy. The exploration shall be performed within the proposed footprint. 2. A minimum of one exploration is required for signs, light poles and communication towers whose locations are known and only that area of the site is to be developed. The exploration shall be performed within 50 feet of the proposed foundation for the structure. 3. Report Content: a. Continuous log of all explorations. b. All elevations shall be referenced to a point approved by the local administrator. Whenever possible, elevations shall be in accordance with the established United States coastal and geodetic survey, and the National Geodetic North American Vertical Datum (NGAVD) of 192988.
c. Soil classification shall be as per ASTM D2487-83 (unified soil classification system). d. A description of the exploration and sampling methodology. e. Depth of ground water will be noted if ground water is encountered. f. All field and laboratory tests shall comply with local recognized standards and methodologies and shall be properly referenced. Where applicable, ASTM standards shall be used. g. A special study shall be required if the proposed site development will adversely impact an adjoining property. 4. Recommendations And Conclusions: There shall be recommendations and conclusions concerning, but not limited to, the following: a. Grading Recommendations: i) Provide grading recommendations for onsite and import soils (where applicable). Design recommendations for foundations, grading and earth retaining structures shall specifically address the suitability of onsite soils for use as fill material the potential negative impacts of the following adverse soil conditions including, but not limited to: collapsible soils, expansive soils (swell), soluble soils, corrosive soils (including sulfates and chlorides), chemical heave, and uncontrolled fill. The report shall include supporting test data and where any of these conditions are identified on-site, mitigating measures shall be provided based upon the identified conditions. The requirements for imported fill shall specifically address all of the above adverse conditions as well. b. ii) Percent of compaction required. iii) Percent of moisture content required. iv) Placement procedures. v) Special requirements; e.g., fill placement on existing slopes or soft ground. vi) Overexcavation depths b. Minimum design consideration for drainage control structures. c. Known surface and subsurface hazards. d. The mitigation of all known adverse soil conditions and
groundwater. e. Observation and testing requirements during grading. f. Permanent slope recommendations including erosion potential mitigation for all slopes. g. Discuss the impact and approximate limits of adverse soil conditions: i) Expansive clay. ii) Extent of caliche. iii) Hydrocollapsible soils. iv) Gypsiferous and/or soluble soil. v) Chemically reactive soil. vi) Existing fill. vii) Rock. (Ord. 44, 4-14-1988) F. CERTIFICATION: Grading plans, soils investigation reports and ground water studies shall be certified in the following manner: 1. Section 8-2-5 (C) of this chapter shall be prepared by a professional licensed by the state of Nevada in accordance with Nevada Revised Statutes 625. Prior to final inspection, the field grading shall be certified by a professional licensed by the state of Nevada in accordance with Nevada Revised Statutes 625 as conforming to the final approved plans, which shall be designated by the local administrator on forms provided by the local entity. 2. Section 8-2-5 (E) of this chapter must be prepared by a Nevada registered civil engineer and shall certify that all drainage improvements were constructed in accordance with the final approved plans, which shall be designated by the local administrator on a form provided by the local entity. 3. Soils grading report (post grading analysis), when required, shall be prepared and signed by a Nevada registered engineer, and correlated with section 8-2-5 (E) of this chapter. The report shall include, but not be limited to, field test summary with locations, elevations, nature of tests and their results, laboratory test summary with sample locations, elevations, nature of tests and their results and other substantiating data and comments on any changes made during grading and their effort on the recommendations made in the soil engineering investigation report. Limits of the engineered sub-grade, as well as other pertinent information will be shown on the as graded plan, with certification when appropriate, as to the adequacy of the site for the intended use. (Ord. 44, 4-14-1988)
8-2-6: PERMIT LIMITATIONS AND CONDITIONS: A. Permit Limitation: A grading permit shall constitute an authorization to do only that work which is described or illustrated on the application for the permit or on the plans and specifications approved by the designated official. The issuance of a permit, based upon drawings and specifications shall not prevent the designated official from thereafter requiring the corrections of errors in said drawings and specifications or from stopping unlawful construction operations being carried on there under. B. Jurisdiction of Other Agencies: Permits issued under the requirements of this chapter shall not relieve the owner of responsibility for securing permits for work to be done which is regulated by any other governing agency or entity. C. One set of approved plans and specifications, setting forth all conditions attached, shall be kept on such grading site by the permittee at all times during which the work authorized thereby is in progress. The permit shall be kept posted so it is easily visible, or must be readily available upon request. D. Pre-Construction Meeting: Prior to any grading work being started the contractor shall schedule with the City a pre-job meeting. Required attendees shall be owner representative, grading contractor and City inspector; recommended attendees include soils engineer, civil engineer, any contractor involved with grading or utilities. E. Time Limits: 1. The permittee shall fully perform and complete all of the work required to be done pursuant to the grading permit within the time limit specified. If no time limit is specified, the permittee shall complete the work within one hundred eighty (180) days after the date of the issuance of the grading permit. 2. If the permittee is unable to complete the work within the specified time, he/she shall, prior to the expiration of the permit, present in writing to the designated official a request for an extension of time, setting forth the reasons for the requested extension. If, in the opinion of the designated official, such an extension is warranted, then an extension of time, not to exceed one hundred eighty (180) days, may be granted for the completion of the work. F. Drainage Precautions: All persons performing any grading operations shall put
into effect all safety precautions which are necessary in the opinion of the designated official and provide adequate anti-erosion and/or drainage devices, debris basins, or other safety devices to protect the health and welfare of the community and property. Unless otherwise recommended by a registered design professional, drainage facilities and terracing shall be provided in accordance with the requirements of this section. Exception: Drainage facilities and terracing need not be provided where the ground slope is not steeper than one unit vertical in three units horizontal (33percent slope) or where slopes are intended and designed by a geotechnical engineer to be temporary or sacrificial in nature.
1. Terrace: Terraces at least six (6 ) feet in width shall be established at not more than 30 foot vertical intervals on all cut or fill slopes to control surface drainage and debris. Suitable access shall be provided to allow for cleaning and maintenance. 2. Swales or ditches shall be provided on terraces. They shall have a minimum gradient of one unit vertical in 20 units horizontal (5-percent slope) and shall be paved with concrete not less than 3 inches (76 mm) in thickness, or with other materials suitable to the application. They shall have a dept not less than 12 inches (305 mm) and a width not less than 5 feet (1524 mm). 3. A single run of swale or ditch shall not collect runoff from a tributary area exceeding 13,500 square feet (1256 m2) (projected) without discharging into a down drain. G. Excavations: 1. Maximum Slope. Temporary cut slopes for construction purposes shall be no steeper than allowed per OSHA standards. The slope of permanent cut surfaces shall be no steeper than is safe for the intended use, and shall be not more than one unit vertical in two units horizontal (50-percent slope) or more than 10 feet in height unless the owner or the owner’s authorized agent furnishes a geotechnical report justifying a steeper and/or higher slope. Exceptions: 1. A cut surface shall be permitted to be at a slope of 1.5 units horizontal to one unit vertical (67-percent slope) provided that all of the following are met: a. It is not intended to support structures or surcharges. b. It is adequately protected against erosion.
c. It is no more than 8 feet (2438 mm) in height. d. It is approved by the building code official. e. Ground water is not encountered. 2. A cut surface in bedrock shall be permitted to be at a slope of one unit horizontal to one unit vertical (100-percent slope).
G. Conditions and Approval: In granting any permit under this chapter, the designated official may attach such conditions as may be reasonably necessary to prevent creation of a nuisance or hazard to public or private property. Such conditions may include, but shall not be limited to, the following: 1. Compliance with dust control requirements of the Clark County health Department of Air Quality & Environmental Management. 2. Requirements for fencing of excavations or fills which would otherwise be hazardous. 3. Improvements of any existing site condition to bring it up to the standards of this chapter. 4. Compliance with erosion control requirements of Nevada Division of Environmental Protection Bureau of Water Pollution Control and other best management practices. 5. Haul routes for materials. H. Unlawful Grading: The designated official shall not issue a permit in any case where the work, as proposed by the applicant, will endanger any private or public property or result in the deposition of debris on any public way or seriously interfere with any existing drainage course. However, if it can be shown to the satisfaction of the designated official that the hazard would be essentially eliminated by the construction of retaining structures, buttress fills, drainage devices or by other means, the designated official may issue the permit after the applicant has complied with sections 8-2-5(B) and 8-2-5 (C) of this chapter. I. Warning And Disclaimer Of Liability: 1. Neither the issuance of a permit under the provisions of this chapter, nor the compliance with the provisions hereof or with any conditions imposed by the designated official, shall relieve any person from any responsibility for damage to persons or property otherwise imposed by law, nor impose any liability upon the district and entity for damage to persons or property. 2. The designated official, or his designee, charged with the enforcement of this chapter, acting in good faith and without malice for entity or district in the discharge of his duties, shall not thereby render himself liable personally and he is hereby relieved from all personal liability for any damage that may accrue to persons or
property as a result of any act required or by reason of any act or omission in the discharge of his duties. J. Hazardous Conditions: Whenever the designated official determines that any existing or proposed excavation, slope or fill has become a hazard to life and limb, endangers property or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the designated official, shall within the period specified therein repair or eliminate such hazard and be in conformance with the requirements of the policies and plans. (Ord. 44, 4-141988)
8-2-7: PERMIT – NOT TO BE CONSTRUED AS APPROVAL OF VIOLATIONS – CORRECTIONS OF ERRORS: A. The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of the provisions of this chapter. No permit presuming to give authority to violate or cancel the provisions of this chapter shall be valid, except insofar as the work or use which it authorizes is unlawful. B. The issuance of a permit based on plans and specifications shall not prevent the building official from thereafter requiring the correction of errors in said plans and specifications or from preventing building operations from being carried on thereunder when in violation of this chapter or of any other law.
8-2-8: DENIAL AND PERMIT REVOCATION: A. Notice Of Noncompliance: 1. Whenever any construction or work is being done contrary to the provisions of this chapter, or not in accordance with the plans and specifications submitted and approved as the basis for the issuance of the permit, or if a hazard to life and limb exists, if public or private property is or may be endangered, the designated official, or his designee, shall issue a written notice to the permittee or his/her agent or other responsive employee requiring cessation of work upon that portion of the site where noncompliance, hazard or other violation has occurred or exists. 2. The notice shall state the nature of the said condition and shall contain sufficient information to apprise the permittee of the nature and extent of the correction required. No work shall be performed on said portion of the site unless or until the noticed condition is rectified and approved upon inspection of the designated official or unless, as a condition of continuing the work, special precautions agreeable to the designated official are performed by the permittee. Failure of the permittee to take such
precautions or rectify such condition, hazard, nonperformance, noncompliance or violation shall be grounds for revocation of the permit. B. Permit Revocation: 1. A permit shall not be revoked until a hearing is held by the designated official. Written notice of the time and place of such hearing shall be served upon the permittee at least ten (10) days prior to the date set for the hearing. The notice shall also contain a brief statement of the reasons for revoking the permit. Notice may be given either by personal delivery thereof to the person to be notified, or by deposit in the United States mail in a sealed envelope registered and postage prepaid, addressed to the person to be notified at his address given in the application for the permit. 2. Any permit holder, owner or surety who feels that he has been aggrieved by the decision of the designated official may appeal any of the provisions of this regulation pursuant to the appellant process of the local entity. (Ord. 44, 4-14-1988) C. Permit – Liability: Neither the issuance of a permit under the provisions of this chapter nor the compliance with the provisions of this chapter or with any conditions imposed in the permit issued under this chapter shall relieve any person from responsibility for damage to other persons property, nor impose any liability upon the City, its officers, agents or employees, for damage to other persons property.
8-2-9: ENFORCEMENT OF CHAPTER (2): A. . VIOLATIONS AND PENALTIES: It shall be unlawful for any person to violate any provision, or to fail to comply with any of the requirements, of this chapter. Any person violating any provision of this chapter or failing to comply with any of its requirements, shall be deemed guilty of a misdemeanor and upon conviction there of shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each person shall be deemed guilty of a separate offense for each day during any portion of which any violation of the provisions of this chapter is committed, continued or permitted by such person, and he/she shall be punishable therefore as herein provided
WHEREAS, NRS 278.326 authorizes the governing body (City Council) to prepare local subdivision ordinances governing improvements, mapping, accuracy, engineering and related subjects;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MESQUITE AS FOLLOWS:
SECTION 1: Mesquite Municipal Code, Title 8 Flood Control Ordinance is hereby amended by replacing section 8-1- Part II: Excavation and Grading with a new section 8-2 Excavation and Grading Standards, as shown in the attached Appendix A.
SECTION 2: If any section, paragraph, clause or provision of this ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall in no way affect remaining provisions of this ordinance. SECTION 3: All ordinances, parts of ordinances or chapters, sections or paragraphs contained in the Mesquite Municipal Code in conflict herewith are hereby repealed. SECTION 4: The City Council finds that this ordinance w i l l safeguard life, property and the public welfare of the citizens of the City by establishing minimum requirements for regulating grading, excavation and filling as they impact local or regional drainage, together with the procedures by which these requirements may be enforced.
SECTION 5: This ordinance shall become effective 20 days after publication. SECTION 6: The City Clerk shall cause this ordinance to be published once immediately following its adoption, by title, in a newspaper qualified pursuant to provisions of Chapter 238 of NRS, as amended from time to time.
PASSED, ADOPTED, AND APPROVED this XXth day of XXX, 2017.
By: ________________________ Allan S. Litman, Mayor
ATTEST:
BY:________________________ Tracy Beck, City Clerk
AYE: NAY: ABSTAIN: PUBLICATION DATE: EFFECTIVE DATE:
Approved as to Form
By:________________________ Robert Sweetin, City Attorney
APPENDIX A TITLE 8 CHAPTER 2 GRADING AND EXCAVATION STANDARDS 8-2-1: PURPOSE AND AUTHORITY: A. Purpose: The purpose of this chapter is to safeguard life, property and the public welfare of the citizens of this district by establishing minimum requirements for regulating grading, excavation and filling as they impact local or regional drainage, together with the procedures by which these requirements may be enforced. B. Authority: Nevada Revised Statutes 543. (Ord. 44, 4-14-1988)
8-2-2: DEFINITIONS: The words and terms used in this chapter shall be defined as follows in this section unless it is plainly evident from the context that a different meaning is intended. All words used in the singular shall include the plural and the plural the singular. Each gender shall include the other; any tense shall include the other tenses. The word "shall" is mandatory and the word "may" is permissive. BEST MANAGEMENT PRACTICES (BMPs): Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. With regard to construction these may include structural devices or nonstructural practices that are designed to prevent pollutants from entering water or to direct the flow of water. Additional information can be obtained in the Nevada State Conservation Commission’s “Best Management Practices Handbook” posted on the NDEP’s web site. CERTIFICATION: A signed written statement that the specific inspections, verifications of lines and grades and tests where required have been performed and that such inspections, verifications of lines and grades and tests comply with the applicable requirements of this chapter. CLEAN WATER ACT (CWA): The Clean Water Act is an act passed by the U. S. Congress to control water pollution. It was formerly referred to as the Federal Water Pollution Control Act of 1972 or Federal Water Pollution Control Act Amendments of 1972.
CLEARING AND GRUBBING: Clearing and grubbing for site preparation and/or vacant land cleanup, removal of vegetation down to duff or bare soil, by any method. COMPACTION: The densification of fill by a mechanical means. CONTAMINANT: A contaminant is any physical, chemical, biological or radiological substance or matter which is added to water. DESIGNATED OFFICIAL: Designated Official is that individual required by individual entities to administer this grading chapter. DISCHARGE: Discharge is any addition of a pollutant or pollutants to water. DUST CONTROL PERMIT: A permit issued by Clark County Department of Air Quality and Environmental Management, for all clearing and grading projects of onequarter (1/4) acre or larger. DUST PALLIATIVE: Hygroscopic material, non-toxic chemical stabilizer or other dust palliative material which is not prohibited for ground surface application by EPA (Environmental Protection Agency) or NDEP (Nevada Division of Environmental Protection) or any applicable law or regulation, as treatment material for reducing fugitive dust emissions. ELEVATION: All elevations will be referenced from the national geodetic vertical datum (NAVD) of 1988. ENGINEERING GEOLOGIST: A geologist experienced and knowledgeable in engineering geology. ENGINEERING GEOLOGY: Engineering Geology is the application of geological data and principles to engineering problems dealing with naturally occurring rock and soil for the purpose of assuring that geological factors are recognized and adequately interpreted in engineering practice. ENVIRONMENTAL DEVELOPMENT PLAN: An agreement between the developer and the City of Mesquite to use best management practices, to minimize hazards to the environment during construction. This is a requirement for developments in the 1996 and 1999 Mesquite Land Act Properties. EROSION CONTROL: Erosion control practices protect the soil surface from being detached by rainfall or wind. Erosion control treats soil as a resource with value and works to keep it in place. EXCAVATION OR CUT: An act by which soil, sand, gravel or rock is cut into, dug, quarried, uncovered, displaced or relocated, and shall include the conditions resulting therefrom.
FILL: Deposits of soil, rock or other earth material placed by man. FINISH GRADE: The grade or elevation of the ground surface after grading is complete. FLOOD HAZARD AREA: The area subject to flooding as defined on maps by the federal insurance administration of the federal emergency management agency (FEMA) and/or the applicable map accepted by the local entity. GEOLOGIC HAZARD: A naturally occurring or manmade geologic condition or phenomenon that presents a risk or is a potential danger to life and property. Examples of geologic hazards: land- sliding, flooding, earthquakes, ground subsidence, coastal and beach erosion, faulting, dam leakage and failure, mining disasters, pollution and waste disposal, and seawater intrusion. GRADING: Any excavating or filling, or combination thereof, and shall include the land in its excavated or filled condition. GRADING PERMIT: A permit issued pursuant to this chapter. GROUND WATER, PHREATIC WATER: That part of the subsurface water which is in the zone of saturation. LAND DISTURBANCE: Is the clearing, excavating, grading, or other manipulation of the terrain. LOCAL ADMINISTRATOR: The public official, or his designee, who will be charged with lead responsibility for administering and implementing the uniform regulations for the control of drainage, Clark County regional flood control district, within their entities. NATURAL GROUND SURFACE: The ground surface in its original state before any grading, excavation or filling. NON CONTIGUOUS SITE: A site that is not adjacent to each other NOTICE OF INTENT (NOI): Notice requesting authorization to discharge storm water pursuant to the NPDES Construction General Permit applicable to that specific area. (required on all sites one (1) acre and larger). NPDES: National Pollution Discharge Elimination System, a national program under Section 402 of the Clean Water Act for regulation of discharges of pollutants from point sources to waters of the United States. Discharges are illegal unless authorized by an NPDES permit.
ONSITE DETENTION: Is the temporary storage of runoff on the site. ONSITE RETENTION: Is the permanent holding of runoff on the site through percolation to the ground. OWNER: Any person who is the owner of, has a possessory interest in, has possession or control of, or occupies real property. PERMITTEE: Any person to whom a permit is issued pursuant to this chapter. ROUGH GRADE: Is the stage at which the grade approximately conforms to the approved plan. SEDIMENT: Is material deposited in a stream, drainage course, or other area from eroded earth material that was carried by wind, gravity, and runoff. SEDIMENT CONTROL: Sediment control practices trap soil particles after they have been dislodged and moved by wind or water. Sediment controls are generally passive systems that rely on filtering or settling soil particles out of the water or wind that is transporting them. Sediment control treats soil as a waste product and works to remove it from storm water runoff. SITE: Any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted. SLOPE: An inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. SOIL: Naturally occurring superficial deposits overlaying in place solid rock. SOILS/GEOTECHNICAL ENGINEER: A Nevada registered engineer experienced and knowledgeable in the practice of soil engineering. SOILS/GEOTECHNICAL ENGINEERING: The application of the principles of soil mechanics in the investigation, evaluation and design of civil works, involving the use of earth materials and the inspection and testing of the construction thereof. SPECIFICATIONS: A description of the material, processes, standards of performance and workmanship required in a project. Specifications may be indicated on plans or drawings or in writen materials containing standard and special provisions such as soil reports. Other reports or standards as may be necessary pertaining to the quality of the project. STOCKPILING: Stockpiling of materials, such as dirt, fill, Type II, rock or debris, for future use or export
STORM WATER POLUTION PREVENTION PLAN (SWPPP): A series of phases and activities to, first, characterize your site, and then, to select and carry out actions which prevent the pollution of storm water discharges. (Part of federal NPDES program and requirement of all sites one (1) acre and larger, a copy to be maintained on site and updated as changes are made to improve or correct conditions.) TERRACE: A relatively level step constructed in the face of a graded surface for drainage and maintenance purposes. (Ord. 44, 4-14-1988) TRACK-OUT: Soil on paved roadways deposited from vehicles that have passed from a construction site or from an unpaved access route onto the paved surface.
8-2-3: FEES AND BONDS: A. B.
Fees: Appropriate fees, procedures and regulations may be established for cost of enforcement of this chapter. Bonds: Appropriate bonds and collection procedures may be imposed by the local entity to assure compliance with this chapter. (Ord. 44, 4-14-1988)
8-2-4: ACTIVITIES REQUIRING GRADING PERMITS AND EXCEPTIONS: A.
Permit Required: A grading permit shall be required for any grading, clearing or stockpiling impacting local or regional drainage as indicated by the local administrator. No other permits required under the jurisdiction's building code shall be approved for construction until the local administrator approves the issuance of a grading permit. The permit may then be issued by the designated official. B. Separate Permits: A separate permit shall be required for each noncontiguous site and may cover both excavations and fills. PUD’s shall be considered contiguous within the PUD boundaries. C.
Filling And Excavating: No person shall perform any grading without first obtaining a grading permit from the designated official, except for the following activities: 1. Landscaping surrounding an existing single-family residence which does not impact drainage to adjacent properties and complies with local ordinances. 2. Grading or Clearing of vegetation in any area less than one (1) acre in size if the local administrator finds that no apparent danger to private or public property can now or thereafter result from the grading operation. (The property owner shall be required to obtain a Clark County Dust Permit in his / her name for all clearing and grading of sites of one-quarter (1/4) acre and larger). The property owner shall also be required to obtain a Clark County Dust Permit in his / her name for all clearing and grading
of sites of one-quarter (1/4) acre and larger). 3. Cemetery graves. 4. Excavations for wells. 5. Refuse disposal sites controlled by other regulations where the operation thereof does not block or divert any natural drainage course, or affect the lateral support or unduly increase the stresses in, or pressures upon, any adjacent or contiguous property. 6. On site trenching for utility purposes. 7. Exploratory excavations under the direction of a soil engineer or engineering geologist. 8. Mining, quarrying, excavation, processing, stockpiling of rock, sand, gravel, precious metals, aggregate or clay where established and provided for by law, provided such operations preserve natural drainage and do not affect the lateral support or increase the stresses upon any adjacent or contiguous property. 9. The installation of SWPPP BMP’s D.
Exceptions for Emergencies: The provisions of this code shall not apply to any grading operation which is conducted during a period of emergency or disaster, and which is directly connected with or related to relief of conditions caused by such emergency or disaster. (Ord. 44, 4-14-1988)
8-2-5: PERMIT REQUIREMENTS: A. GRADING PERMIT REQUIRED: Except as exempted in section 8-2-5 (C) of this chapter, no person shall do any grading, nor shall any owner allow grading on his property, unless the owner or his/her designee has a valid grading permit issued by the designated official. A separate grading permit shall be required for each noncontiguous site and may cover both excavations and fills. (Ord. 44, 4-141988) B. APPLICATION FOR PERMIT, INFORMATION: To obtain a grading permit, the applicant shall complete a form furnished by the designated official. A separate application shall be required for each grading permit. The application shall be signed by the owner of the property or by the licensed contractor performing the work. The following shall apply to every application:
1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by lot, block, tract or similar description that will readily identify and definitely locate the proposed work, together with the name and address of property owner. 3. Indicate the intended use for which the site is being prepared. 4. Give proposed location of deposit area and name and address of person which will receive excavated material and evidence that the property owner is willing to receive the material (if off site). 5. Be accompanied by plans and specifications as required in section 82-5 (C) of this chapter. 6. State the estimated quantities of earthwork involved, excavation and fill. 7. Be signed by the property owner or his/her authorized agent, who may be required to submit evidence to indicate such authority. 8. Give such other information as required in section 8-2-5-5 (E) of this chapter. 9. A soils engineering report shall be required unless waived by the designated official. (Ord. 44, 4-14-1988) 10. A copy of the Notice of Intent filed with the Nevada EPA for sites one (1) acre and larger, signed by the General Contractor.
C. PLANS AND SPECIFICATIONS: The designated official may require that plans and specifications be prepared by a professional licensed to practice in the state of Nevada in accordance with Nevada Revised Statutes 625. Each application for a grading permit shall be accompanied by two (2) sets of plans and specifications. The plans shall be drawn to scale upon Mylar or good quality, reproducible paper and shall be of sufficient clarity to indicate the nature and extent of the work proposed and shown in detail that they will conform to the provisions of this chapter and all relevant laws, ordinances, rules and regulations. The designated official, or his designee, shall endorse in writing or stamp the plans and specifications "approved". Such approved plans and specifications shall not be changed, modified or altered without authorization from the designated
official and all work shall be performed in accordance with the approved plans. The first sheet of each set of plans shall give the location of the work and the name and address of the owner or developer and persons by whom the plans and specifications were prepared. The plans and specifications shall show, but need not be limited to, the following information: 1. A general vicinity map of the proposed site. 2. Show property limits and accurate contours of the existing ground and details of the terrain reference to a point approved by the local administrator. Whenever possible, elevations shall be in accordance with the established United States coastal and geodetic survey, and the National Geodetic North AmericanVertical Datum (NGAVD) of 192988. Accurate contours beyond the property limits shall be displayed when appropriate to depict impacted topography. 3. Show limiting dimensions, elevations and finished contours to be achieved by the proposed grading. 4. Show locations of all existing or proposed buildings, structures, fences, block walls and retaining walls on the property where the work is to be performed and the location of any buildings, structures, fences, block walls and retaining walls on land of adjacent owners which may be affected by or affect the proposed grading operation. 5. Show locations and dimensions of all easements. 6. Show impacted utilities. 7. Delineate drainage which will impact, or be impacted by, the proposed grading. 8. Identify all existing and proposed surface and subsurface drainage devices, walls, channels and other protective measures to be constructed with, or part of, the proposed work. The soils engineer shall review the final plans and specifications of the project and attest to, in writing, the soils reports applicability to the proposed project. The written information provided by the soils engineer shall be submitted for acceptance to the designated official, or his designee. (Ord. 44, 4-14-1988) D. ADDITIONAL INFORMATION REQUIRED: The designated official may
require additional information such as an engineering geology report, or a drainage study. These studies and reports shall be approved by the designated official prior to the issuance of a grading permit. When specified by the soils investigation report, the designated official shall require a ground water study. (Ord. 44, 4-14-1988) E. REPORT CONTENT: Plans, computations and specifications shall be prepared by a professional, licensed to practice by the state of Nevada in accordance with Nevada Revised Statutes 625. The soils investigation report, ground water study and engineering geology report shall contain, but not be limited to, the following information: 1. Plan Content: a. A general vicinity map of the proposed site. b.
Show site limits and approximate contours. Whenever possible, elevations shall be in accordance with the established United States coastal and geodetic survey, and the National Geodetic North American Vertical Datum (NGAVD) of 192988.
c. Location of explorations and field test locations. d. Depth to ground water, if less than fifteen feet (15'), that may affect the proposed development. e. Known or encountered geologic hazards present on the site shall be accurately delineated. f. Approximate limits of known and encountered existing fill.
2. Minimum Exploration Requirements For Non-critical Structures As Determined By Local Administrator: The minimum exploration requirements are as follows: The minimum depth of an exploration shall be ten feet. Exploration depth shall be increased as necessary to evaluate the suitability of the material within the foundation’s depth of influence as determined by the registered design professional. The explorations can be terminated should refusal be encountered. However, at least three-fourths of the required explorations shall be to the minimum depth. The geotechnical report shall clearly state the refusal criteria. When information regarding the proposed structure and the final grades is made available, the registered design professional shall
determine if the explorations originally documented in the geotechnical report meet the depth requirements. In areas of deep cuts or excavations, the geotechnical explorations may be performed after excavations have been performed. The minimum number of explorations performed shall be as follows: 1. For areas less than or equal to one acre, a minimum of two explorations. 2. For areas greater than one acre, but less than five acres, a minimum of one exploration for the first acre and one for each additional two acres, or portion thereof. 3. For areas greater than five acres, but less than twenty acres, a minimum of three explorations plus one additional exploration for each three acres or fraction thereof above five. 4. For areas greater than twenty acres, a minimum of eight explorations plus one additional exploration for each five acres or fraction thereof above twenty. Exceptions: 1. A minimum of one exploration is required for single story structures with a footprint less than 2000 square feet whose locations are known and only that area of the site is to be developed. This provision is limited to detached structures classified as Group U occupancy or building additions of any occupancy. The exploration shall be performed within the proposed footprint. 2. A minimum of one exploration is required for signs, light poles and communication towers whose locations are known and only that area of the site is to be developed. The exploration shall be performed within 50 feet of the proposed foundation for the structure. 3. Report Content: a. Continuous log of all explorations. b. All elevations shall be referenced to a point approved by the local administrator. Whenever possible, elevations shall be in accordance with the established United States coastal and geodetic survey, and the National Geodetic North American Vertical Datum (NGAVD) of 192988.
c. Soil classification shall be as per ASTM D2487-83 (unified soil classification system). d. A description of the exploration and sampling methodology. e. Depth of ground water will be noted if ground water is encountered. f. All field and laboratory tests shall comply with local recognized standards and methodologies and shall be properly referenced. Where applicable, ASTM standards shall be used. g. A special study shall be required if the proposed site development will adversely impact an adjoining property. 4. Recommendations And Conclusions: There shall be recommendations and conclusions concerning, but not limited to, the following: a. Grading Recommendations: i) Provide grading recommendations for onsite and import soils (where applicable). Design recommendations for foundations, grading and earth retaining structures shall specifically address the suitability of onsite soils for use as fill material the potential negative impacts of the following adverse soil conditions including, but not limited to: collapsible soils, expansive soils (swell), soluble soils, corrosive soils (including sulfates and chlorides), chemical heave, and uncontrolled fill. The report shall include supporting test data and where any of these conditions are identified on-site, mitigating measures shall be provided based upon the identified conditions. The requirements for imported fill shall specifically address all of the above adverse conditions as well. b. ii) Percent of compaction required. iii) Percent of moisture content required. iv) Placement procedures. v) Special requirements; e.g., fill placement on existing slopes or soft ground. vi) Overexcavation depths b. Minimum design consideration for drainage control structures. c. Known surface and subsurface hazards. d. The mitigation of all known adverse soil conditions and
groundwater. e. Observation and testing requirements during grading. f. Permanent slope recommendations including erosion potential mitigation for all slopes. g. Discuss the impact and approximate limits of adverse soil conditions: i) Expansive clay. ii) Extent of caliche. iii) Hydrocollapsible soils. iv) Gypsiferous and/or soluble soil. v) Chemically reactive soil. vi) Existing fill. vii) Rock. (Ord. 44, 4-14-1988) F. CERTIFICATION: Grading plans, soils investigation reports and ground water studies shall be certified in the following manner: 1. Section 8-2-5 (C) of this chapter shall be prepared by a professional licensed by the state of Nevada in accordance with Nevada Revised Statutes 625. Prior to final inspection, the field grading shall be certified by a professional licensed by the state of Nevada in accordance with Nevada Revised Statutes 625 as conforming to the final approved plans, which shall be designated by the local administrator on forms provided by the local entity. 2. Section 8-2-5 (E) of this chapter must be prepared by a Nevada registered civil engineer and shall certify that all drainage improvements were constructed in accordance with the final approved plans, which shall be designated by the local administrator on a form provided by the local entity. 3. Soils grading report (post grading analysis), when required, shall be prepared and signed by a Nevada registered engineer, and correlated with section 8-2-5 (E) of this chapter. The report shall include, but not be limited to, field test summary with locations, elevations, nature of tests and their results, laboratory test summary with sample locations, elevations, nature of tests and their results and other substantiating data and comments on any changes made during grading and their effort on the recommendations made in the soil engineering investigation report. Limits of the engineered sub-grade, as well as other pertinent information will be shown on the as graded plan, with certification when appropriate, as to the adequacy of the site for the intended use. (Ord. 44, 4-14-1988)
8-2-6: PERMIT LIMITATIONS AND CONDITIONS: A. Permit Limitation: A grading permit shall constitute an authorization to do only that work which is described or illustrated on the application for the permit or on the plans and specifications approved by the designated official. The issuance of a permit, based upon drawings and specifications shall not prevent the designated official from thereafter requiring the corrections of errors in said drawings and specifications or from stopping unlawful construction operations being carried on there under. B. Jurisdiction of Other Agencies: Permits issued under the requirements of this chapter shall not relieve the owner of responsibility for securing permits for work to be done which is regulated by any other governing agency or entity. C. One set of approved plans and specifications, setting forth all conditions attached, shall be kept on such grading site by the permittee at all times during which the work authorized thereby is in progress. The permit shall be kept posted so it is easily visible, or must be readily available upon request. D. Pre-Construction Meeting: Prior to any grading work being started the contractor shall schedule with the City a pre-job meeting. Required attendees shall be owner representative, grading contractor and City inspector; recommended attendees include soils engineer, civil engineer, any contractor involved with grading or utilities. E. Time Limits: 1. The permittee shall fully perform and complete all of the work required to be done pursuant to the grading permit within the time limit specified. If no time limit is specified, the permittee shall complete the work within one hundred eighty (180) days after the date of the issuance of the grading permit. 2. If the permittee is unable to complete the work within the specified time, he/she shall, prior to the expiration of the permit, present in writing to the designated official a request for an extension of time, setting forth the reasons for the requested extension. If, in the opinion of the designated official, such an extension is warranted, then an extension of time, not to exceed one hundred eighty (180) days, may be granted for the completion of the work. F. Drainage Precautions: All persons performing any grading operations shall put
into effect all safety precautions which are necessary in the opinion of the designated official and provide adequate anti-erosion and/or drainage devices, debris basins, or other safety devices to protect the health and welfare of the community and property. Unless otherwise recommended by a registered design professional, drainage facilities and terracing shall be provided in accordance with the requirements of this section. Exception: Drainage facilities and terracing need not be provided where the ground slope is not steeper than one unit vertical in three units horizontal (33percent slope) or where slopes are intended and designed by a geotechnical engineer to be temporary or sacrificial in nature.
1. Terrace: Terraces at least six (6 ) feet in width shall be established at not more than 30 foot vertical intervals on all cut or fill slopes to control surface drainage and debris. Suitable access shall be provided to allow for cleaning and maintenance. 2. Swales or ditches shall be provided on terraces. They shall have a minimum gradient of one unit vertical in 20 units horizontal (5-percent slope) and shall be paved with concrete not less than 3 inches (76 mm) in thickness, or with other materials suitable to the application. They shall have a dept not less than 12 inches (305 mm) and a width not less than 5 feet (1524 mm). 3. A single run of swale or ditch shall not collect runoff from a tributary area exceeding 13,500 square feet (1256 m2) (projected) without discharging into a down drain. G. Excavations: 1. Maximum Slope. Temporary cut slopes for construction purposes shall be no steeper than allowed per OSHA standards. The slope of permanent cut surfaces shall be no steeper than is safe for the intended use, and shall be not more than one unit vertical in two units horizontal (50-percent slope) or more than 10 feet in height unless the owner or the owner’s authorized agent furnishes a geotechnical report justifying a steeper and/or higher slope. Exceptions: 1. A cut surface shall be permitted to be at a slope of 1.5 units horizontal to one unit vertical (67-percent slope) provided that all of the following are met: a. It is not intended to support structures or surcharges. b. It is adequately protected against erosion.
c. It is no more than 8 feet (2438 mm) in height. d. It is approved by the building code official. e. Ground water is not encountered. 2. A cut surface in bedrock shall be permitted to be at a slope of one unit horizontal to one unit vertical (100-percent slope).
G. Conditions and Approval: In granting any permit under this chapter, the designated official may attach such conditions as may be reasonably necessary to prevent creation of a nuisance or hazard to public or private property. Such conditions may include, but shall not be limited to, the following: 1. Compliance with dust control requirements of the Clark County health Department of Air Quality & Environmental Management. 2. Requirements for fencing of excavations or fills which would otherwise be hazardous. 3. Improvements of any existing site condition to bring it up to the standards of this chapter. 4. Compliance with erosion control requirements of Nevada Division of Environmental Protection Bureau of Water Pollution Control and other best management practices. 5. Haul routes for materials. H. Unlawful Grading: The designated official shall not issue a permit in any case where the work, as proposed by the applicant, will endanger any private or public property or result in the deposition of debris on any public way or seriously interfere with any existing drainage course. However, if it can be shown to the satisfaction of the designated official that the hazard would be essentially eliminated by the construction of retaining structures, buttress fills, drainage devices or by other means, the designated official may issue the permit after the applicant has complied with sections 8-2-5(B) and 8-2-5 (C) of this chapter. I. Warning And Disclaimer Of Liability: 1. Neither the issuance of a permit under the provisions of this chapter, nor the compliance with the provisions hereof or with any conditions imposed by the designated official, shall relieve any person from any responsibility for damage to persons or property otherwise imposed by law, nor impose any liability upon the district and entity for damage to persons or property. 2. The designated official, or his designee, charged with the enforcement of this chapter, acting in good faith and without malice for entity or district in the discharge of his duties, shall not thereby render himself liable personally and he is hereby relieved from all personal liability for any damage that may accrue to persons or
property as a result of any act required or by reason of any act or omission in the discharge of his duties. J. Hazardous Conditions: Whenever the designated official determines that any existing or proposed excavation, slope or fill has become a hazard to life and limb, endangers property or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the designated official, shall within the period specified therein repair or eliminate such hazard and be in conformance with the requirements of the policies and plans. (Ord. 44, 4-141988)
8-2-7: PERMIT – NOT TO BE CONSTRUED AS APPROVAL OF VIOLATIONS – CORRECTIONS OF ERRORS: A. The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of the provisions of this chapter. No permit presuming to give authority to violate or cancel the provisions of this chapter shall be valid, except insofar as the work or use which it authorizes is unlawful. B. The issuance of a permit based on plans and specifications shall not prevent the building official from thereafter requiring the correction of errors in said plans and specifications or from preventing building operations from being carried on thereunder when in violation of this chapter or of any other law.
8-2-8: DENIAL AND PERMIT REVOCATION: A. Notice Of Noncompliance: 1. Whenever any construction or work is being done contrary to the provisions of this chapter, or not in accordance with the plans and specifications submitted and approved as the basis for the issuance of the permit, or if a hazard to life and limb exists, if public or private property is or may be endangered, the designated official, or his designee, shall issue a written notice to the permittee or his/her agent or other responsive employee requiring cessation of work upon that portion of the site where noncompliance, hazard or other violation has occurred or exists. 2. The notice shall state the nature of the said condition and shall contain sufficient information to apprise the permittee of the nature and extent of the correction required. No work shall be performed on said portion of the site unless or until the noticed condition is rectified and approved upon inspection of the designated official or unless, as a condition of continuing the work, special precautions agreeable to the designated official are performed by the permittee. Failure of the permittee to take such
precautions or rectify such condition, hazard, nonperformance, noncompliance or violation shall be grounds for revocation of the permit. B. Permit Revocation: 1. A permit shall not be revoked until a hearing is held by the designated official. Written notice of the time and place of such hearing shall be served upon the permittee at least ten (10) days prior to the date set for the hearing. The notice shall also contain a brief statement of the reasons for revoking the permit. Notice may be given either by personal delivery thereof to the person to be notified, or by deposit in the United States mail in a sealed envelope registered and postage prepaid, addressed to the person to be notified at his address given in the application for the permit. 2. Any permit holder, owner or surety who feels that he has been aggrieved by the decision of the designated official may appeal any of the provisions of this regulation pursuant to the appellant process of the local entity. (Ord. 44, 4-14-1988) C. Permit – Liability: Neither the issuance of a permit under the provisions of this chapter nor the compliance with the provisions of this chapter or with any conditions imposed in the permit issued under this chapter shall relieve any person from responsibility for damage to other persons property, nor impose any liability upon the City, its officers, agents or employees, for damage to other persons property.
8-2-9: ENFORCEMENT OF CHAPTER (2): A. . VIOLATIONS AND PENALTIES: It shall be unlawful for any person to violate any provision, or to fail to comply with any of the requirements, of this chapter. Any person violating any provision of this chapter or failing to comply with any of its requirements, shall be deemed guilty of a misdemeanor and upon conviction there of shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each person shall be deemed guilty of a separate offense for each day during any portion of which any violation of the provisions of this chapter is committed, continued or permitted by such person, and he/she shall be punishable therefore as herein provided
