§ 7-5. Land disturbance permit—Required.

No person shall do any land disturbing activity without first having obtained a land disturbance permit from the city, except for the following:

(1)

A land disturbing activity which meets all of the following requirements:

a.

Is located in an isolated, self-contained area.

b.

There is no danger apparent to private or public property.

c.

Does not infringe upon any wetland or ponding area or impede any drainage course.

d.

The total area of disturbance is less than one acre and is not part of a common plan of development or sale that is equal to or greater than one acre.

e.

The total volume of earth material disturbed, stockpiled, disposed of, or used as fill does not exceed 50 cubic yards.

f.

Is an excavation that is less than two feet in depth and does not create a cut slope greater than five feet in height, or is steeper than two horizontal to one vertical or is a fill that is less than two feet in depth and place on natural terrain with a slope flatter than three horizontal to one vertical, or is less than three feet in depth, not intended to support structures.

These types of activities may include the installation and maintenance of home gardens, minor landscaping, fences, signs and mailboxes.

(2)

An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt the requirement for a permit for a land disturbing activity resulting from the material from such excavation nor exempt any excavation having an unsupported height greater than five feet after the completion of such structure.

(3)

Cemetery graves.

(4)

Refuse disposal sites controlled by other regulations, laws or City Code.

(5)

Excavations for wells or tunnels or utilities controlled by other regulations, laws or City Code.

(6)

Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law or ordinance. This shall not exempt these types of activities from the special use permit requirements set forth by City Code.

(7)

Tilling, planting, or harvesting of agricultural, horticultural or silvicultural (forestry) crops. This shall not exempt these types of activities from the special use permit requirements set forth by City Code.

(8)

Exploratory excavations and borings under the direction of geotechnical engineers or engineering geologists.

(9)

Emergency work necessary to protect life, limb, or property.

(10)

City, county, state or federal agency projects whose plans and specifications meet the requirements of this chapter and are reviewed and approved by the city under a separate process.

Exemption from the permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter.

(Ord. No. 1749, 4-28-2004)