Chapter 15.11
GRADING, EXCAVATION, CLEARING, AND FILL PERMITS AND REGULATIONS Revised 4/24
Sections:
15.11.010 Permit required. Revised 4/24
15.11.020 Exempted work. Revised 4/24
15.11.030 Application for a grading permit. Revised 4/24
15.11.040 Minor grading permit. Revised 4/24
15.11.050 Major grading permit. Revised 4/24
15.11.060 Hazards. Revised 4/24
15.11.070 Environmental hazards. Revised 4/24
15.11.080 Fill material. Revised 4/24
15.11.090 Erosion and sedimentation control. Revised 4/24
15.11.100 Permit fee. Revised 4/24
15.11.110 Valid period. Revised 4/24
15.11.120 Display of permit. Revised 4/24
15.11.130 Bonds. Revised 4/24
15.11.135 Trench safety systems required. Revised 4/24
15.11.140 Construction and site work restrictions. Revised 4/24
15.11.010 Permit required. Revised 4/24
Except as specified in this chapter, no person shall do any grading, excavation, clearing or fill without first obtaining a grading permit from the public works director (minor permit) or town engineer (major permit). A separate permit shall be obtained for each site and may cover both excavations and fills. Any excavation, cut, trench or opening in or under any street, sidewalk, curb, gutter, curbwalk, alley or other public place shall be made pursuant to and in compliance with Chapter 12.05 GMC. [Ord. 985 § 1 (Exh. A), 2023].
15.11.020 Exempted work. Revised 4/24
(a) A grading permit is not required for the following:
(1) When approved by the public works director, grading in an isolated, self-contained area if there is no danger 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 building permit. This shall not exempt any fill made with the material from this excavation.
(3) Excavations for wells or utilities.
(4) Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law; provided, that such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property.
(5) Exploratory excavations under the direction of soil engineers or engineering geologists.
(6) A fill less than 20 cubic yards on any one lot or lots; provided, that the fill does not obstruct a drainage course, encroach on a floodway or floodplain, or exceed two feet in vertical dimension.
(7) Clearing of vegetation less than 900 square feet.
(8) An excavation or fill less than two feet in depth with side slopes not steeper than three feet horizontal to every one foot in vertical dimension.
(b) Exemption from the permit requirements of this section shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this section or any other laws or ordinances of the town. [Ord. 985 § 1 (Exh. A), 2023].
15.11.030 Application for a grading permit. Revised 4/24
(a) An application for a grading permit is required for any grading in excess of 20 cubic yards or any excavation or fill in excess of two feet in depth. The application shall be made for either a minor or a major grading permit. All applications shall be made to the public works director.
(b) A minor grading permit shall be required in the following instances:
(1) If the excavation or fill exceeds 20 cubic yards and is less than 1,000 cubic yards with a maximum vertical dimension of less than two feet.
(2) If the excavation or fill is less than 20 cubic yards and its vertical dimension exceeds two feet.
(3) If the clearing of vegetation exceeds 900 square feet and is less than 20,000 square feet.
(c) A major grading permit shall be required whenever the excavation or fill exceeds 1,000 cubic yards or greater than two feet in vertical dimension, or when clearing exceeds 20,000 square feet. [Ord. 985 § 1 (Exh. A), 2023].
15.11.040 Minor grading permit. Revised 4/24
(a) Each application shall be accompanied by a plan in sufficient clarity to indicate the nature and extent of the work. The plan shall give the location of the work, the name of the owner, the name of the person who prepared the plan and a construction sequence outlining the proposed timetable for completion of the grading and revegetation. The plan shall also include the following information:
(1) General vicinity of the proposed site.
(2) Limiting dimensions and depth of the cut and/or fill.
(3) Location of any building or structure within 15 feet of the proposed grading.
(4) Location, size and depth of all existing utilities and easements on the proposed site.
(5) Location of all natural features, such as watercourses, on the proposed site or within 100 feet of the graded area.
(6) A temporary erosion and sedimentation control and permanent revegetation plan.
(b) The minor grading permit shall be issued by town staff within two weeks of its complete submittal and may have conditions placed upon it, including a request for a major grading permit. The permittee may challenge these conditions in a public hearing before the board of trustees. Said hearing must be requested in writing by the permittee within two weeks of the town staff’s decision and shall be held within 60 days of the request for hearing. A separate fee may be imposed for the appeals process. [Ord. 985 § 1 (Exh. A), 2023].
15.11.050 Major grading permit. Revised 4/24
(a) Each application shall be accompanied by a reimbursement agreement, two sets of stamped engineered plans and specifications, supporting data and a construction sequence outlining the proposed timetable for completion of the grading and revegetation. The plans shall contain 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, elevation or finish contours to be achieved by the grading, and proposed drainage channels and related construction.
(4) Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structure on the land of adjacent owners that are within 15 feet of the property or that may be affected by the proposed grading operations.
(5) Recommendations included in the soils engineering report shall be incorporated in the grading plans and specifications.
(6) Location, size and depth of all existing utilities and easements on the proposed site.
(7) Location of all natural features, such as watercourses, on the proposed site.
(8) A soils engineering report. The soils engineering report required shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures, including buttress fills, when necessary, and an opinion on adequacy for the intended use of sites to be developed by the proposed grading as affected by soils engineering factors, including the stability of slopes.
(9) A temporary erosion and sedimentation control and permanent revegetation plan.
(10) A CDPHE stormwater permit for construction activities over one acre shall be provided if applicable.
(b) The major grading permit shall be issued by the town engineer within 30 days of its complete submittal and may have conditions placed upon it. The permittee may challenge these conditions in a public hearing before the board of trustees. Said hearing must be requested in writing by the permittee within two weeks of the town engineer’s decision and shall be held within 60 days of the request for hearing. A separate fee may be imposed for the appeals process. [Ord. 985 § 1 (Exh. A), 2023].
15.11.060 Hazards. Revised 4/24
Whenever the public works director determines that any existing excavation or embankment or fill has become a hazard to life or 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 public works director, shall within the period specified therein repair or eliminate such excavation or embankment to eliminate the hazard and to be in conformance with the requirements of this code. [Ord. 985 § 1 (Exh. A), 2023].
15.11.070 Environmental hazards. Revised 4/24
Off-site fill material shall be free of environmentally hazardous materials. Applicants for a permit shall ensure the town that fill material hauled from an off-site location is free of environmental contaminants. The source of fill material shall be identified prior to application for a grading permit. If directed by the town, the applicant shall have testing performed on a representative sample of the fill material to determine if environmentally hazardous materials are present in the fill. [Ord. 985 § 1 (Exh. A), 2023].
15.11.080 Fill material. Revised 4/24
Detrimental amounts of organic material shall not be permitted in fills. No rock or similar irreducible material with a maximum dimension greater than 12 inches shall be buried or placed in fills unless included and approved as part of a grading permit. All fills shall be compacted to a minimum of 90 percent of maximum density. [Ord. 985 § 1 (Exh. A), 2023].
15.11.090 Erosion and sedimentation control. Revised 4/24
The applicant conducting the grading activity shall install and maintain temporary and permanent erosion and sedimentation control measures. Where cut slopes are not subject to erosion due to the erosion-resistant character of the materials, such protection may be omitted. [Ord. 985 § 1 (Exh. A), 2023].
15.11.100 Permit fee. Revised 4/24
Applicants for a permit under this chapter shall pay the required and necessary fee to the town before the issuance of such permit. The fees for such permits shall be established by ordinance and may be amended from time to time thereafter, by resolution of the board of trustees. [Ord. 985 § 1 (Exh. A), 2023].
15.11.110 Valid period. Revised 4/24
All grading permits shall be valid for six months from the date the permit is issued; provided, that the approved application and the conditions of its approval have not changed. No more than two grading permits shall be issued for one parcel of land within a three-year period. [Ord. 985 § 1 (Exh. A), 2023].
15.11.120 Display of permit. Revised 4/24
Each permit issued under this chapter shall be kept at the grading site while the work is in progress and shall be exhibited upon request to any employee of the town. [Ord. 985 § 1 (Exh. A), 2023].
15.11.130 Bonds. Revised 4/24
The town may require bonds in such forms and amounts as may be deemed necessary to ensure that the work, if not completed in accordance with the approved plan and specifications, will be corrected to eliminate hazardous conditions and reestablish vegetation. [Ord. 985 § 1 (Exh. A), 2023].
15.11.135 Trench safety systems required. Revised 4/24
(a) A trench safety system shall be provided for any trench within the town which exceeds a depth of five feet and in which any person is required or permitted to enter for any reason. A trench safety system shall include sufficient benching, shoring, shielding, sloping or other safety method if approved in writing in advance by the town engineer to ensure the safety of a person within the trench. A “trench” shall mean any manmade cut, cavity or depression in the ground formed by earth removal in which the depth of the excavation is greater than its width, but the width of the excavation is not greater than 30 feet.
(1) “Benching” shall mean excavating the sides of a trench to form a series of horizontal levels or steps as approved by a registered professional engineer sufficient to ensure the safety of any person within the trench.
(2) “Shielding” shall mean the use of a trench box or shield approved by a registered professional engineer and designed to ensure the safety of any person within the trench.
(3) “Shoring” shall mean the installation of aluminum hydraulic or other appropriate supports to prevent soil movement and cave-ins of a trench.
(4) “Sloping” shall mean the sides of the trench are cut or excavated to an angle not steeper than 1.5:1 (for every foot of depth, the trench must be excavated back one and one-half feet). Sloping may not be utilized where the excavated materials consist of sand or gravel.
(b) In addition to the penalties provided for in GMC 15.11.140, where a trench is part of or related in any manner to any construction that has been permitted by the town, a town code enforcement officer, law enforcement officer or building official, based upon the reasonable belief a violation of this section has occurred, may immediately issue a stop work order for such construction. [Ord. 995 § 1, 2023].
15.11.140 Construction and site work restrictions. Revised 4/24
(a) Construction Restrictions. Grading, excavating or filling pursuant to a permit granted by this chapter shall only be allowed on the outside of any commercial or residential structure between the hours of 8:00 a.m. and sunset, Monday through Friday, and 8:00 a.m. to 5:00 p.m., Saturday and Sunday.
(b) Site Work Restrictions. Site work that prepares any property for improvements, or that creates any improvements on the property, shall be allowed only between the hours of sunrise and sunset, Monday through Friday, and 8:00 a.m. to 6:30 p.m., Saturday and Sunday.
(c) Construction and Site Work Exception. The town manager may grant an exception to the above work hours for specific activities permitted by this chapter to occur outside of the above-specified work hours. The grant of exception may be conditioned upon compliance with rules and conditions as specified by the town manager to minimize the impacts of such construction activities.
(d) Penalty. It shall be unlawful for any person to violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this chapter, and the violation of any provision of this chapter shall be punishable as set forth in GMC 1.05.090. Additionally, any person convicted of a violation of this chapter may be required to replace the graded, excavated or filled land to its original condition. [Ord. 985 § 1 (Exh. A), 2023].