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Lyon County Unincorporated
City Zoning Code

CHAPTER 240

MASS GRADING PERMITS

15.240.01: MASS GRADING PERMIT DEFINED:

A mass grading permit authorizes the start of construction on private property for new or alteration of existing non-residential development when the on-site grading is necessary to create a development pad prior to the issuance of a building permit for a non-residential development. The mass grading permit is in lieu of combining the building and site grading approvals into a single building/site grading permit approval for a non-residential development.
Issuance of a mass grading permit does not provide a guarantee approval of any other required land use and development permits including, but not limited to utility site improvement permits, building permits, Conditional Use Permits and commercial/industrial subdivision maps. (Ord. 630, 8-4-2022)

15.240.02: PERMIT REQUIRED:

A mass grading permit is required for site grading and will only be issued for projects that have received all of the required Community Development Department approvals.
A mass grading permit will not be issued for a proposed use that is inconsistent with the current zoning and allowed land uses for the project site. (Ord. 630, 8-4-2022)

15.240.03: WORK EXEMPT FROM MASS GRADING PERMIT:

   A.   A mass grading permit is not required for the following:
      1.   Work exempt from building permits pursuant to chapter 239 of this title;
      2.   Clearing and grubbing, plowing and farrowing on property involved in active agricultural production;
      3.   Other grading work exempted by section 1803 of the IBC;
      4.   Grading under fifty (50) cubic yards (38.23m3);
      5.   Exploration, extraction and processing of minerals and construction materials;
      6.   Work specifically approved under a building permit or encroachment permit issued under this chapter.
   B.   Exemption from the permit requirements of this title does not grant authorization for any work to be done in any manner in violation of the provisions of this title or any other laws or ordinances of this jurisdiction. (Ord. 630, 8-4-2022)

15.240.04: MASS GRADING PERMIT PROCEDURES:

   A.   The property owner or his authorized representative must tender a completed mass grading permit application to the department on a form furnished by the department. The mass grading permit application must contain the following information:
      1.   A description of the work to be covered by the permit.
      2.   A legal description of the land on which the proposed work is to be done, street address or similar description that identifies and definitely locates the proposed work.
      3.   The application must be accompanied by grading plans, reclamation plan, an itemized engineer's estimated value of the reclamation work and reclamation surety bond. The following items shall be included with the application submission materials:
         a.   The grading plan shall include the following:
            (1)   The plan sheets must be clean, uncluttered and legible;
            (2)   The plan sheets must be drawn to scale, with a north arrow and correct scale shown on all sheets;
            (3)   The plan must include the general grading notes;
            (4)   Refer to the geotechnical report, with recommendations incorporated into the plans
            (5)   Identify any Federal Emergency Management Administration (FEMA) Flood Insurance Rate Map (FIRM) designated flood zones and Base Flood Elevations (BFE) shown on all sheets;
            (6)   Identify the limits of the proposed site disturbance and amount of disturbance (cubic feet);
            (7)   Identify areas of cuts and fills and the cut and fill earthwork quantities;
            (8)   Show the proposed grading with spot elevations for top of curb, gutter flow lines, ditch flow lines, and pavement grade breaks;
            (9)   Tie proposed ground contours into existing ground contours and elevations for the site extending 50-feet beyond the site lot lines;
            (10)   Show the percent of slope for curb and gutters, valley gutters, ditch flow lines, and paved areas;
            (11)   Show the elevations for top and toe of slopes with slope steepness shown. 2-feet minimum property line/fence setback from top and toe of slopes;
            (12)   Show the on-site and off-site storm drain improvements (as required by the County Engineer);
            (13)   Show the detailed grading for all storm water conveyance and retention/detention basins (as required by the County Engineer);
            (14)   Identify the temporary and permanent erosion/sedimentation control measures per the approved Nevada Division of Environmental Protection Stormwater Pollution Prevention Plan (NDEP-SWPPP) (may be a separate plan);
            (15)   Any retaining walls (retaining walls over four feet (4') in height require engineering calculations to be included with the grading permit submission.
            (16)   Standard and special details for items to be constructed. Approved and accepted Standard Details for Public Works Construction must not be modified unless "Modified" is noted and Modifications clearly shown. Border, date and ownership information must be left intact.
         b.   The reclamation plan shall include the proposed re-grading plan for the site including` erosion and dust control measures necessary to stabilize the site should no development of the site go forward.
         c.   An itemized engineer's estimated value of the reclamation work, signed, stamped and dated by a Nevada professional engineer where plans, studies or computations are required to be prepared by a Nevada professional engineer, or an itemized contractor's executed contract with estimated value of work, signed and dated with the contractor's license number and limit.
         d.   A reclamation surety approved by the District Attorney's Office or a cash deposit to cover one hundred fifty percent (150%) of the engineer's estimated value of work based on the full reclamation ("bond") shall be submitted for review and approval by the County Engineer prior to commencement of work.
      4.   A mass grading permit application that proposes to disturb more than one acre (1ac.) or to disturb less than one acre, but is part of a larger common plan for development or sale that will ultimately disturb one (1) acre or more shall include as part of the submission of the mass grading permit documentation of an approved Storm Water Pollution Prevention Plan (SWPPP) from the State of Nevada Department of Environmental Protection - Bureau of Water Pollution Control (NDEP - BWPC).
      5.   A mass grading permit application that proposes to disturb five acres (5 ac.) or more shall include as part of the submission of the mass grading permit documentation of a Surface Area Disturbance permit issued by the State of Nevada Department of Environmental Protection - Bureau of Air Pollution Control (NDEP - BAPC).
      6.   A mass grading permit application that proposes to disturb a site located within the Carson River Mercury Superfund Site as delineated by the state Department of Environmental Protection, Bureau of Corrective Action (NDEP - BCA) and federal Environmental Protection Agency (EPA) Region 9 office shall provide documentation of approval for proposed site disturbance from NDEP - BCA.
   B.   The application, plans, specifications, computations and other data filed by an applicant for a permit must be reviewed by the Director, the County Engineer, the Utilities Director, the Road Superintendent, and the Fire Chief of the appropriate Fire District or their respective designees. The plans shall be reviewed by other departments of this jurisdiction and agencies to verify compliance with any applicable laws under their jurisdiction. If the Director finds that the work described in an application for a mass grading permit and the plans, specifications and other data filed with the application conform to the requirements of this title, other pertinent laws and ordinances, that the plans have been signed by all responsible agencies where applicable, that security has been posted, and that all required fees have been paid, the Director shall issue a mass grading permit for the property.
   C.   Once the nonresidential building permit for the noncommercial development site has been issued, construction commenced and the footing/foundation inspection completed, then the mass grading reclamation bond shall be released back to the developer. (Ord. 630, 8-4-2022)

15.240.05: EXPIRATION OF PERMITS:

   A.   Every mass grading permit issued by the department under the provisions of this title will expire and become void if the work authorized by the permit is not commenced within one hundred eighty (180) days from the date of the permit, or if the work authorized by the permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days.
   B.   Within one (1) year from the date of expiration of a mass grading permit, a new mass grading permit may be obtained subject to a fee in the amount of one-half (1/2) that required for a new permit for the work, provided no changes have been made or will be made in the original plans and specifications for the work, the plans were approved under the prevailing Development Code provisions, and that any suspension or abandonment has not exceeded one year.
   C.   In order to renew action on a mass grading permit after expiration for more than one (1) year, the permittee must obtain a new mass grading permit for the work and pay a new full mass grading permit fee.
   D.   Any permittee holding an unexpired mass grading permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reason. The Director may extend the time for action by the permittee for a period not exceeding one hundred eighty (180) days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No mass grading permit may be extended more than once. (Ord. 630, 8-4-2022)

15.240.06: FEES:

Fees for mass grading permits are established by resolution of the Board. (Ord. 630, 8-4-2022)