Athens City Code

The purpose, scope and authority of this chapter is as follows:

1. (1) The intended purpose of this policy is to safeguard life, limb, property, and public welfare by regulating clearing, earthwork, excavation, and other land disturbing activity and by requiring temporary and permanent provisions for its control. It should be used as a planning and engineering implement to facilitate the necessary control of grading and earthwork.
2. (2) This policy sets forth standards and rules for grading and earthwork and establishes the requirement of a formal permitting procedure. This policy applies to all areas within the city limits and establishes administrative procedures for the issuance of permits and the enforcement thereof, requires the submission of necessary plans (site or conceptual plans) for such work, and the observation and inspection of grading and/or earthwork operations.
3. (3) This policy is developed, implemented, and recognized as a standard practice for the city. The city council has approved this chapter for the management of grading and earthwork activities within the city limits. It will be utilized in conjunction with the existing site plan ordinance, subdivision regulations, zoning ordinance, stormwater management policy, landscape ordinance, and other such municipal codes and texts. The community development and public works departments of the city shall administer and enforce the provisions of this policy in regard to the review and approval of grading, excavation, earthwork, and related activities and such management practices as described herein.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Bedrock means in-place, solid, and undisturbed rock.

Clearing means the removal from land of trees, shrubs, grass, and/or other varied ground cover and vegetation for windbreaks, water retention, and the maintenance of topsoil.

Compaction means the densification of materials by mechanical means.

Cut. See Excavation.

Earth material means any rock and/or natural soil exclusive of any decomposable matter.

Earthwork means excavation, fill and backfill, compaction, and grading.

Erosion means the wearing away of the ground surface as a result of movement of wind, water, and/or ice.

Excavation means the mechanical removal of earth material.

Fill or backfill means a deposit of earth by artificial means.

Finish or final grade means the grade of the subject site, which conforms to the permitted plan.

Grade means the vertical location of the ground surface to a predetermined elevation datum.

Grading means the operation of raising or lowering the ground surface to a predetermined grade.

Grading permit means a document allowing or authorizing the initiation of grading, excavation, or related earthwork according to city policies, procedures, and ordinances in conformity to the approved plans.

Rough grade means the stage of construction at which the grade approximately conforms to the permitted plan.

Sediment means solid material, both inorganic and organic, that is in suspension, is being transported, or has been moved from its origin by air, water, gravity, or ice as a product of erosion.

Site means a specific location on which any of the following activities are underway: excavation, cutting, or filling of earth or related earthwork.

Site plan means the graphical plan, usually in map form, prepared pursuant to ACC chapter 14-IV and the subdivision regulations of the city.

Soil means naturally occurring surface deposits overlying bedrock.

Stormwater means the waters derived from rain falling or snow melting within a tributary drainage basin, flowing over the surface of the ground or collected in a stormwater drainage system.

Unless otherwise stated herein, no persons shall perform any clearing, excavation, or earthwork within the city without first having obtained a grading permit from the public works department. A separate permit will be required for each and every individual site. This section explains the procedure for applying for grading permits and the process by which the public works department reviews and approves permits. This policy is applicable but is not limited to the following activities:

1. (1) Excavating, cutting, filling, grading, draining, or paving of lots, parcels, or other areas.
2. (2) Altering, rerouting, deepening, widening, obstructing, or changing in any way an existing drainage system or feature.
3. (3) Development for residential (greater than one lot or other subdivisions), commercial, institutional, industrial, utility or other activities.
4. (4) Commencing any other development or excavation which may significantly increase or decrease the rate and/or quantity of surface water runoff; degrade the quality of water; or adversely affect any sinkhole, watercourse, or water body.

The following described activities shall not require a grading permit in order to perform clearing, excavation, or related earthwork:

1. (1) Basement or footer excavations for single- or two-family (duplex) residential dwellings.
2. (2) Cemetery graves.
3. (3) Sanitary landfill or refuse disposal sites controlled by other regulations.
4. (4) Excavations for wells or tunnels (unless performed on the public right-of-way).
5. (5) Mining operations controlled by other regulations.
6. (6) Temporary stockpiling or storing of materials, provided that such operations do not affect adjacent properties and all drainage and erosion control requirements. The public works department will determine if there is an affect of stockpiling. Temporary stockpiling/storage shall be defined as 90 days or less.
7. (7) Exploratory excavations/drilling under the direction and/or supervision of a licensed soils engineer or geologist.
8. (8) Excavation for any structures located within an approved subdivision for which there exists an approved, current, grading or site plan with which the developer/owner/builder intends to comply.
9. (9) Accepted agricultural practices such as plowing, cultivation, construction of agricultural structures, nursery operations, tree cutting, logging operations leaving the stump and root mat intact, and cultivated sod operations.
10. (10) Construction, repair, or rebuilding of rail tracks or related facilities belonging to and located on railroad property.
11. (11) Installation, repair, and maintenance of utilities by the utility owner/operator or their contractor or representative.
12. (12) Grading associated with general maintenance, landscaping, excavation, or placement of fill so long as 50 cubic yards or less of soil is disturbed on one lot and the existing contours are not altered in excess of two feet and all work is in compliance of all requirements for erosion and sedimentation control and the proposed work does not impact or obstruct a natural drainage source.

The grading permit exceptions listed in ACC 14-57 do not relieve the owner, developer, contractor, or other legal representative of the responsibility of installing and properly maintaining the proper erosion/sedimentation control measures or other liability resulting from such activities.

1. (1) ACC chapter 14-IV requires an approved site plan for the activities listed below unless excepted as described in ACC 14-88. Exceptions include:
   1. (a) Erecting any building or structure.
   2. (b) Enlarging or altering any building or structure.
   3. (c) Disturbing land (altering the grade of any land so as to change the contours in excess of two feet).
   4. (d) Construction of any streets, alleys, sidewalks, curbs, gutters, retaining walls, drain or sewer, or off-street parking lots.
   5. (e) Changing or diverting the flow of stormwater or natural watercourses.
2. (2) If the site plan is inadequate in detail for stormwater management, a separate drainage plan will be required. A licensed civil engineer may be required to design stormwater systems and plans. These plans shall contain, at a minimum, the following items or information (in addition to basic information, such as owner name and address, date, scale, north indication, etc., other information is required aside from drainage requirements; these requirements are listed in ACC 14-95):
   1. (a) Total land area.
   2. (b) Existing and proposed topography of existing land and impervious land and impervious areas shown in five-foot intervals (two-foot intervals may be required).
   3. (c) Elevations of all existing and proposed streets, alleys, utilities, sanitary and stormwater sewers, and existing buildings and structures.
   4. (d) All existing and proposed impervious areas.
   5. (e) Natural or artificial watercourses.
   6. (f) Limits of floodplains (if applicable).
   7. (g) Existing and proposed slopes, terraces, or retaining walls.
   8. (h) All existing and proposed stormwater drainage structures or features.
   9. (i) All stormwater structures/features anywhere upstream and downstream of the site.
   10. (j) Erosion and siltation control plans.
   11. (k) Drainage calculations when required.
   12. (l) Drainage easements when required.
3. (3) If the proposed grading is for purposes of other than actual building construction, a conceptual grading plan may be submitted. This plan will contain all of the above requirements with the exception of any buildings or paving details.
4. (4) If the proposed work is for grading only, this should be indicated on the conceptual plan. A permit will be issued for grading only. Any future or additional work to include building construction, paving, etc., will require that a site plan be submitted and approved and the necessary permits obtained.

1. (1) Site, drainage, conceptual grading, and erosion control plans for the purpose of obtaining a grading permit shall be submitted to the public works department. They are to be submitted to the public works director no less than five working days prior to the intended date to begin site alterations. These plans are to be submitted to the public works director at the public works service center located at 219 Alford Street.
2. (2) An application for a grading permit shall be submitted along with the necessary plans.
3. (3) For all other purposes, the community development department, located at the city municipal building, is the central point for receiving preliminary, revised, and final submittals. The issuance of all other permits is based upon approvals of submitted plans.
4. (4) All site, drainage, conceptual grading, and erosion control plans and specifications are to be approved by the public works director, the city engineer, or the city manager's designee.
5. (5) A licensed civil engineer may be required to design site, drainage, conceptual grading, and erosion control plans when required by the public works director, the city engineer, or the city manager's designee. Such requirements will be based upon the complexity of the conditions, the adjacent properties, and the site itself.
6. (6) If an applicant determines that his/her plan has been unjustly disapproved or that the public works director or city staff has made requests that are considered above and beyond this policy, he/she may appeal the decision to the city manager.
7. (7) Once the necessary plans and application have been submitted and approved and the necessary fees have been received, a grading permit will be issued.
8. (8) The necessary fees can be paid, and the permit issued, at the public works service center located at 219 Alford Street.
9. (9) The permit is valid for a period of six months from the date of issue. Extensions will be considered based on the circumstances.
10. (10) The permit and copies of the approved drawings are to be present on site at all times when work is underway. The city's representative may ask to see these at any time.
11. (11) A grading permit can be suspended or revoked for violation of this chapter or other related policies, procedures, or city ordinances. A stop work order may be issued if work continues after the grading permit has been revoked. Further action can and will be taken if necessary to ensure compliance with this policy.

The fee for the grading permit is intended to assist the city in recovering some of the expenses associated with the permit process. These costs consist primarily of administration, inspection, and enforcement activities and shall be approved and set by the city council. Fees are due upon submission of the permit application and are available at the public works department.

1. (1) Developers and/or property owners shall use appropriate erosion and sedimentation control measures to ensure that erosion, or adverse conditions caused by erosion or sedimentation, is eliminated or held to an acceptable minimum and does not cross to an adjoining property, right-of-way, street, or stream.
2. (2) When deemed necessary, the public works director, community development director, city manager, and/or the planning commission may require that a separate, detailed erosion and sedimentation control plan be submitted along with the site plan. Otherwise, control measures shall be indicated on the site plan.
3. (3) All control measures will be approved in the field by the appropriate city staff, typically the public works director or his designee, and maintained by those performing the work.

The following control measures shall be used as a minimum for erosion control:

1. (1) The smallest practical area of land should be exposed at any one time during development. Mulching or other protective measures shall be used to protect exposed areas.
2. (2) Areas that will be exposed for more than three months shall be seeded and mulched or landscaped.
3. (3) Temporary furrows, terraces, sediment or debris basins shall be installed to prevent washing and erosion during construction.
4. (4) In areas where soil may wash onto the roadway or into a drainage basin, the developer will be required to install and maintain a silt fence, hay bales, or both.
5. (5) Final vegetation shall be installed as soon as practical in the development after the land is exposed.
6. (6) A gravel construction entrance shall be constructed prior to any site work. The owner or his/her contractor throughout the construction process will maintain this construction entrance.
7. (7) Sediment washed onto roadways or into drainage ditches or basins, and soil tracked onto roadways by construction equipment/vehicles or daily ingress and egress onto the site, shall be removed at the end of each working day by the contractor, developer, or property owner.

1. (1) The grading permit policy in this chapter is adopted by the city council and by the city municipal regional planning commission.
2. (2) Inspection and enforcement of the conditions described in this policy are the responsibility of, but not limited to, the public works director, or his designee, or the city building inspector, or other persons as designated by the city manager.
3. (3) Any clearing, earthwork, excavation, and other land disturbing activity not meeting the requirements of this chapter will be stopped at the direction of the public works director, his designee, the city building inspector, his designee, or the city manager, or his designee. Such work may not resume until such time that all provisions are adequately met.
4. (4) Intentional or continued violation of this chapter is considered a civil offense, and each separate violation shall be deemed punishable by a civil penalty in accordance with ACC 1-13. Each day a violation is allowed to continue shall constitute a separate offense.