City of Evanston, WY Article XII Owner's Responsibility

§ 7-79 Owner's responsibility.

After completion of construction for the approved grading plan, it is the responsibility of the owner of the property to maintain the grading, vegetation, and drainage in a manner in which it existed at the time of acceptance by the City. Further, it shall be the owner's responsibility not to construct any ditch, earth, or fabricated structure which would change or impede the existing drainage. The City shall have no responsibility for any damage caused by failure of the owner to comply with the requirements of this Part 6. When the grading cannot be completed because of weather conditions or other reasons, the owner shall comply with sections 7-80 and 7-81. The owner shall report to the City engineer if there are any delays in the project because of weather or other reasons which will delay the project longer than spelled out in the original grading plan. Additional measures necessary for temporary erosion control shall be submitted to the City engineer for approval in the event of these delays.

§ 7-80 Temporary erosion control.

Temporary ditches or other means of erosion control shall be provided to prevent damage to developed properties below or adjacent to the property under construction during construction and during periods of inactivity prior to final acceptance by the City. Any drainage facilities which are restricted by settlement and accumulation of debris or sediment due to grading shall be repaired by the developer. The method for temporary erosion control shall be submitted and approved by the City engineer prior to grading as per section 7-71A.

§ 7-81 Finish grading.

When finish grade cannot be obtained because of weather conditions or frozen ground, the rough grading must be completed to the extent necessary to allow proper drainage away from all structures. Finish grading and revegetation must be completed prior to acceptance by the City. Until acceptance by the City, the owner shall comply with section 7-80.

§ 7-82 Site revegetation.

A. Where cut and/or fill operations are performed as part of the grading plan or where vegetation is disturbed, revegetation of disturbed ground shall be required. The method of revegetation shall be submitted to and approved by the City engineer prior to construction.

B. Vegetation preservation and protection plan.

(1) Vegetation shall be removed only when absolutely necessary, i.e., for buildings, filled areas, roads, and fuel breaks. Every effort shall be made to conserve topsoil which is removed during construction for later use on areas requiring vegetation or landscaping, i.e., cut and fill slopes.

(2) All areas of excavation (cut or fill) attendant to new development shall be sufficiently revegetated to assure that they are protected from erosion due to normal wind or surface water conditions. Vegetation sufficient to stabilize the soil shall also be established on all disturbed areas (including lots which may be subject to future grading) as each stage of grading is completed. Disturbed areas not contained within lot boundaries shall be protected with adapted, fire-resistant species of perennial vegetative cover after grading and improvement related to construction is completed. Such vegetation should be in place and of sufficient coverage and maturity to assure that the required protection is existent prior to the release of the improvement bond. It should be further assured as to duration and establishment by a minimum of a two-year warranty. The new vegetation shall be equivalent to or exceed the amount and erosion control characteristics of the original vegetation cover.

(3) The property owner shall be fully responsible for any destruction of native vegetation proposed for retention under the approved vegetation plan and shall be responsible for the replacement of such destroyed vegetation. Said duty shall continue from the first day of construction until acceptance by the City. During this time the property owner shall be strictly liable for his own actions and those of his employees or subcontractors. A bond in the amount specified in the approved vegetation plan shall be posted prior to issuing permit to ensure completion of the vegetation plan.

(4) A vegetation plan and report shall be prepared by a person or firm qualified by training and experience to have expert knowledge of the subject and shall include the following:

(a) Survey of existing trees, large shrubs, and ground covers;

(b) Plan for the proposed revegetation of the site detailing existing vegetation to be preserved, new vegetation to be planted, and any modifications to existing vegetation;

(c) Plan for the preservation of existing vegetation during construction activity;

(d) Vegetation maintenance program, including initial and continuing maintenance necessary;

(e) Determination of proposed bond necessary to ensure soil stabilization. Bond should be provided in an amount sufficient to pay cost of grading, planting, and one year of maintenance necessary to stabilize the soil in the event the permittee fails to complete the same. The bond need not cover the expense of items which would beautify the terrain beyond its natural condition, but only work necessary to restore the terrain to the relative stability of its previous state.

(5) A verified written statement by the person or firm preparing the vegetation plan and report identifying any vegetation problems to development and further stating, in his professional opinion, the ability of the proposed plan to mitigate and/or eliminate said problems in a manner as to prevent hazard to life, hazard to property, adverse effects on the safety, use, or stability of a public way or drainage channel, and adverse impact on the natural environment.