§ 192.106. Definitions—Special provisions and exceptions.

A.

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning:

"Civil engineer." A professional engineer who is licensed by the state to practice civil engineering in the state.

"Grading." The excavating and filling of land for altering the contours of the ground to prescribed grades for the purpose of erecting buildings or structures thereon or other use thereof.

"Ordinary grading areas." Grading sections of a nominal character submitted for approval without substantiation by a registered civil engineer or soils engineer and which comply with the following minimum requirements.

a.

No cut or fill section may be greater than five feet in vertical height.

b.

No cut slope may be steeper than one and one-half to one (1 ½:1) in rock, or two horizontally to one vertically (2:1) in soil; but in no case greater than the natural repose angles of the type of soil under consideration.

c.

No fill slope may be steeper than two horizontally to one (2:1) vertically.

d.

The tops of all cut banks and fills shall be located at a horizontal distance at least equal to the bank height from any structure or major improvement, except where it is shown by substantiating data that soil conditions are such that the top of the cut bank or fill may be located closer to structures or major improvements than the distance equal to the height of the cut bank or fill, the Superintendent of Building Inspection may waive the requirements of this division.

e.

The area does not overlie or contain marsh deposits, dumps, or refuse-containing fills, or any old fill whose satisfactory quality has not been established to the satisfaction of the Superintendent.

f.

Where the upper material is soil and the lower portion is rock, the soil zone shall be sloped at two horizontally to one (2:1) vertically, and the rock may be sloped one and one-half to one. Where soil-type materials underlie a rock cap, a slope of two horizontally to one (2:1) vertically shall be used throughout.

g.

The fill materials may consist of any rock, sand or soil, or a mixture thereof, and after compaction shall have minimum relative density (of not less than ninety percent of maximum density) as determined by the modified American Association of State Highway Officials (AASHO) Soil Compaction Test, or other approved testing method giving equivalent test results, in all portions of the fill requiring compaction.

h.

No organic materials may be used in any fill, or any soil containing more than five percent organic material by over-dry weight; except that no material, which is the product or by-product of a mechanical or industrial process, may be deposited in any U1 or U2 zoned areas.

"Rock." A material resting in place as it was formed (bedrock), and which has not undergone alteration sufficient to cause appreciable softening of the constituent materials or mechanical slackening thereof. No material which is plastic under saturation may be classified as rock.

"Soil." Material other than rock and in particular any material which is alluvial or residual in character, or which has been appreciably broken down by weathering, hydrothermal alteration, or other geological processes. It specifically pertains to materials which break down or slacken upon wetting, are plastic or which can be worked by hand methods.

"Soils engineer." A civil engineer who has specialized in soils and foundation investigations.

"Special grading areas." Those in which the proposed cut or fill sections exceed the maximum heights or slopes given for ordinary grading areas and those which contain or are underlaid by marsh deposits, old fills, or refuse disposal areas.

B.

Application. This chapter does not apply in flood plains, quarrying operations, and the grading, excavating, or filling necessary and incidental to and in connection with the construction of public works, streets, or alleys, or to the construction of any sewer, water line, or other utility under or within the boundaries of such roadway or streets when such work is subject to inspection by or under the direct supervision of the Department of Public Service or other governmental agencies.

C.

Waiver of Requirements. Whenever, in the opinion of the Superintendent, the grading, excavating, or filling operations are of such a minor nature that the proposed work will not affect the adjoining land or existing structures on the same or adjoining land, by either change of grade or surface water runoff, the requirements of this chapter may be waived in whole or part by the Superintendent.

(Ord. 388-1998)