HomeMy WebLinkAboutORD 7283 GRADING ORDINANCE 1 y , � 1 . � Y� ., •
Ord 7283
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GRADING ORDINANCE
AUGUSTA, GEORGIA
DEVELOPMENT DOCUMENT #11
AUGUSTA PLANNING & DEVELOPMENT DEPARTMENT
SEPTEMBER 2011
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ORDINANCE NO. 7283
AN ORDINANCE TO AMEND AUGUSTA-RICHMOND
COUNTY CODE, TITLE 7, ARTICLE 6 SO AS TO
RESTATE SAID ARTICLE REGULATING THE
ISSUANCE OF A GRADING PERMIT IN ITS
ENTIRETY; TO PROVIDE AN EFFECTIVE DATE; TO
REPEAL CONFLICTING ORDINANCES; AND FOR
OTHER PURPOSES.
BE IT ORDAINED BY THE AUGUSTA COMMISSION, AND IT IS
HEREBY ORDAINED BY AUTHORITY OF SAME AS
FOLLOWS:
Section 1. The Augusta, GA code, Title 7, Article 6 is
hereby amended by deleting said Article 6 in its entirety and substituting in lieu thereof,
the following:
GRADING PERMIT
§ 7-3-40 STATEMENT OF PURPOSE
Soil erosion and sediment deposition onto lands and into waters in Augusta,
Georgia are occurring as a result of land clearing, excavation, filling, grading, and
construction activities. Such erosion and sediment deposition results in pollution of
Augusta, Georgia waters and damage to domestic, agricultural, recreational, fish and
wildlife, and other resource uses.
This Ordinance provides rules and regulations for excavation, filling, and grading
activities within Augusta, Georgia and provides for administration and enforcement of
said rules and regulations.
§ 7-3-41 DEFINITIONS
Unless the context otherwise requires, the following terms, as used in this
Ordinance, are defined as follows:
a) Excavation — mechanical removal of earth material.
b) Fill — the deposit of earth material placed by artificial means.
c) Grading — any excavation or filling or combination thereof.
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§ 7-3-42 EXEMPTIONS
No excavation, filling, or grading shall be conducted within Augusta, Georgia,
except for those activities as provided below, without first securing a permit as required
by this Ordinance. The following activities are exempted from the provisions of this
Ordinance.
a) Minimum land disturbing activities such as house gardens, and individual
home landscaping, repairs, maintenance work and other related activities;
b) Agricultural practices involving the establishment, cultivation, or
harvesting of products of the field or orchard, preparing and planting of
pasture land, forestry land management practices including harvesting
(where stumps are not removed), farm ponds, dairy operations, livestock
and poultry management practices, and the construction of fann buildings;
c) Projects carried out under the technical supervision of the Soil
Conservation Service of the U.S. Department of Agriculture;
d) Excavation below finished gade 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 such
excavation nor exempt any excavation having an unsupported height
greater than 5 feet after the completion of such structure;
e) Cemetery graves;
� Approved refuse disposal sites controlled by other regulations;
g) Excavations for wells or tunnels or utilities;
h) Approved mining, quarrying, excavation, processing, stockpiling of rock,
sand, gravel, aggegate or clay where established and provided for by law,
provided such operations do not affect the lateral support or increase the
stress in or pressure upon any adjacent or contiguous property;
i) Exploratory excavations under the direction of soil engineers or
engineering geologists.
§ 7-3-43 PERMIT PROCEDURES
a) Except as exempted in § 7-3-42, no person shall do any excavation, filling,
or grading without first obtaining a grading permit from the Augusta
Planning & Development Department. A separate permit shall be required
for each site.
b) Where a new single family residential building is to be immediately
constructed or where a manufactured home is to be placed on a parcel, an
individual plot plan pursuant to the Soil Erosion and Sediment Control
Ordinance § 7-3-35 (b) (1) shall be provided and reviewed by the License
and Inspections Department before a building permit is issued for a single
family residential building or before a certificate of occupancy is issued
for a manufactured home.
c) To obtain a permit for a residential lot in an approved subdivision where
grading is to be conducted but a home is not to be immediately
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constructed, the applicant shall phone or visit the Augusta Planning &
Development Department to obtain a permit number. Information
required for each residential grading site shall be:
(1) Lot number, block number, subdivision name, tax parcel
number (if available) and street address or similar
description that will readily identify and locate the
proposed grading activity;
(2) Lot owner;
(3) Contractor performing the grading activity;
(4) Name, address and phone number of person making the
application;
(5) Estimated start and completion dates.
In all other areas, to obtain a permit for grading activities where no new
building construction (residential or commercial) is immediately
imminent; the applicant shall submit a Grading Plan per the requirements
of § 7-3-44 of this Code.
(d) A Site Plan will also be required for commercial development not
specifically exempted in § 7-3-42. The Augusta Planning &
Development Deparhnent shall review each application for a Site Plan
under this Ordinance, and determine whether said application is in conflict
with other Ordinances of the Augusta-Richmond County Code, such as
those relative to Zoning, Subdivision of Land, Soil Erosion and Floodplain
Management. Unless exempted elsewhere in this Ordinance, a Grading
Plan will be required.
(e) Site activity involving land disturbance greater than 1.1 acre shall also be
required to submit a Soil Erosion Sediment Control Plan per the
provisions of § 7-3-31 et seq. of the Augusta-Richmond County Code.
(� A Site Plan/Grading Plan/Soil Erosion Plan will be reviewed by the
appropriate reviewing agencies for compliance with Augusta-Richmond
County code and a grading permit will be issued upon approval from said
reviewing agencies.
§ 7-3-44 GRADING PLAN REQUIREMENTS
(a) Grading Plans shall be drawn to scale no smaller than one inch equals 100
feet. Where large sites are being planned, they may be drawn on one or
more sheets. No drawing shall exceed 36 inches by 48 inches in size.
(b) The following information shall be included on each Grading Plan:
(1) Name of development �
(2) Owner (name, address, and telephone number)
(3) Developer (name, address, and telephone number)
(4) Date plan drawn, and revision dates as applicable
(5) Seal and signature of a registered engineer
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(6) North arrow with reference
(7) Scale (no less than 1" = 100')
(8) Tax parcel number
(9) Zoning classification
(10) Use and zoning of all adjacent parcels with owner(s) name(s)
(11) Existing and proposed elevations referenced to mean sea level,
with a contour interval of 2 feet, accurate to one-half contour to
indicate surface drainage patterns
(12) Source of datum (benchmark used: GS benchmark, if available),
and location of BM or TBM at the site.
(13) Existing pavement width and right-of-way width of any existing
streets adjacent to the development and distances to nearest
intersection
(14) Acreage of property to be developed
(15) Location sketch (scale no less than 1" = 2000')
(16) Heavy outline of 100 year flood plain and note thereof. Any
disturbances within flood plain limits must comply with the City
Flood Ordinance. If the property is not in a 100 year flood plain
then write a note stating that.
§ 7-3-45 PLACARD
(a) No placard is required for residential lots in an approved subdivision;
however a permit number is required per the phone-in procedures listed
elsewhere in this Ordinance.
(b) When a Site Plan application is approved pursuant to this Ordinance, a
placard shall be presented to the applicant illustrating the permit number,
name of the applicant and the location and description of the permitted
activity. Such placard shall be provided free of charge and shall be placed
on the site in a conspicuous place visible from nearby streets or roads
before work commences.
§ 7-3-46 INSPECTION AND REVOCATION
The City Engineer shall be responsible for inspecting or requiring inspection of
work being performed under the requirements of this Ordinance. Permits issued under
the provisions of this Ordinance may be suspended, revoked or modified upon a finding
that the activity of the holder is not consistent with information provided in his permit
application.
§ 7-3-47 ENFORCEMENT
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It shall be the duty of the City Engineer to enforce the provisions of this
Ordinance -within Augusta, Georgia. This enforcement shall be in the manner and form
with the powers provided in the Laws of the State and in the Augusta-Richmond County
Code. Violations of the provisions of this Ordinance shall be called to the attention of the
County Attorney, who shall immediately institute injunctions, abatement, or any other
appropriate actin to prevent, enjoin, abate, or remove such violations. Any property
owner who may be damaged by any violation of this Ordinance may also institute such
action. Any person or corporation, whether as principal, agent, employee, or otherwise,
who violates any provision of this Ordinance shall be guilty of an offense and upon
conviction shall be punished as provided in Augusta-Richmond Code § 1-6-1.
§ 7-3-48 LICENSE REQUIRED
Contractors or builders conducting excavation, grading, and filling projects in
August, Georgia that are not exempted under the provisions of this Ordinance shall
comply with § 2-1-1 et seq. of the Augusta-Richmond County Code.
§ 7-3-49 CONFLICT WITH OTHER LAWS
No provision of this Ordinance shall authorize any person to violate, or to pollute
any waters of the State of Georgia as defined by any provisions of the "Water Quality
Control Act" (Georgia Laws, 1964, p. 416), as now or hereafter amended, or the rules and
regulations promulgated and approved thereunder nor shall this Ordinance release any
person from legal obligations embodied in any other Federal, State or Local laws or
ordinances.
§ 7-3-50 APPEAL PROCEDURE
Any person aggrieved by a decision or order of the issuing authority to the
requirements of this Ordinance shall first present the grievance to the issuing authority
for a hearing within thirty (30) days of the decision or order and lacking a satisfactory
settlement shall then have the right to appeal de novo to the Superior Court of Richmond
County. Appeals to Superior Court must be filed within thirty (30) days of the date of the
decision of the issuing authority; and upon failure to file said appeal within thirty (30)
days, the decision of the issuing authority shall be final.
§ 7-3-51 SEVERABILITY
Any clause or provision of this Ordinance declared invalid shall not affect the
validity of the Ordinance as a whole or any part thereof.
SECTION 2. This ordinance shall become effective upon adoption.
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All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Duly adopted by the Augusta Commission this 6th day of
September 20
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First Reading: August 16 , 2011
Second Reading: