(a)   Where required. A grading permit is required prior to any land disturbing activity if the combined volume of excavation, filling, and other movement of earth material on a site is equal to or greater than 50 cubic yards or the area disturbed is greater than or equal to 5,000 square feet. Activities requiring a grading permit may be a component of a parking lot, foundation, or building permit, and in these cases, a separate grading permit is not required. The provisions of this section apply to a grading permit that is a component of another permit except as stated otherwise.
   (b)   Exemptions. A grading permit will not be required for the following:
      (1)   Activity conducted in the public right-of-way under a right-of-way permit obtained through the requirements of city code Chapter 17 that specifically authorizes the activity;
      (2)   Excavation and filling of cemetery graves;
      (3)   Maintenance or reconstruction of the facilities of public parks and playgrounds including work required for the protection, repair, replacement, or reconstruction of any existing public paths, trails, sidewalks, public improvement, or public or private utility, and the stockpiling of material for these maintenance and reconstruction activities;
      (4)   Grading done as part of a city, county, or state public works or transportation project; or
      (5)   Underground storage tank removal and replacement that is subject to regulation by a state or federal agency.
   (c)   Application requirements. The following information must be submitted with each application for a grading permit or other permit meeting the thresholds requiring a grading permit:
      (1)   A completed application that lists the volume in cubic yards or the area in square feet to be disturbed;
      (2)   A general vicinity map and legal description of the site;
      (3)   An erosion and sediment control plan and an erosion control surety as set forth in city code Chapter 16;
      (4)   A site plan drawn to a clearly indicated and commonly accepted engineering scale showing:
         (A)   Existing and proposed contours at not more than two-foot contour intervals;
         (B)   Location of existing buildings and structures, easements, utilities, and other surface and above-ground improvements on the site and adjacent land within 100 feet of proposed activity;
         (C)   Location of existing and planned temporary and permanent drainage control facilities, existing and proposed drainage discharge points, watercourses, drainage patterns, environmentally critical areas, and areas of standing water;
         (D)   Approximate location, type, and size of trees and other vegetation on the site;
         (E)   Location and amount of temporary stockpiles and excavations;
         (F)   Designation of trees and vegetation to be removed, and the minimum distance between tree trunks and the nearest excavation and/or fill; and
         (G)   Areas where equipment traffic will be permitted and excluded.
      (5)   A storm water management plan that meets the requirements of city code Chapter 16 and the Comprehensive Surface Water Management Plan; and
      (6)   If applicable, a wetland delineation and replacement plan as described in city code Chapter 16.
   (d)   Other permits required. It is the property owner and/or grading contractor’s responsibility to determine if other agency permits are required to complete the grading activity. Other permits may include but are not limited to: watershed district or management organizations, Department of Natural Resources, U.S. Army Corps of Engineers, State Department of Transportation, and the county.
(1958 Code, § 35.31) (Ord. 63-21, passed 6-24-1963; Ord. 71-19, passed 3-15-1971, renumbered to § 35.19; Ord. 71-96, passed 12-20-1970; Ord. 72-61, passed 11-20-1972, renumbered to § 35.10; Ord. 2015-28, passed 11-2-2015)