§ 88-3 COMPLIANCE REQUIRED; EXEMPTIONS AND VARIANCES.
   (A)   No person shall clear or grade land without implementing soil erosion and sediment controls in accordance with the requirements of this chapter, except as provided within this section.
   (B)   Exemptions shall be as follows:
      (1)   Agricultural land management practices and construction of agricultural structures;
      (2)   Single-family residences or their accessory buildings on lots of two acres or more;
      (3)   Clearing or grading activities that disturb less than 5,000 square feet of land area and disturb less than 100 cubic yards of earth; and
      (4)   Clearing or grading activities that are subject exclusively to state approval and enforcement under state law and regulations.
   (C)   The Soil Conservation Service may grant a written variance from the requirements of the Standards and Specifications if strict adherence to the specifications will result in unnecessary hardship and not fulfill the intent of this chapter. The developer shall submit a written request for a variance to the Soil Conservation Service. The request shall state the specific variances sought and reasons for requesting the variance. The Soil Conservation Service shall not grant a variance unless and until sufficient specific reasons justifying the variance are provided by the developer.
(Prior Code, § 88-3) (Ord. 2-88, passed 2-16-1988)