§ 9.03  EXCAVATION AND GRADING.
   9.03.01   No governmental entity or other person or entity may strip, excavate, fill, remove existing structures or otherwise move soil, trees, or other vegetation except for minor changes such as the filling of small depressions, or the removal of vegetation that is diseased or endangering the public safety (activities collectively referred to as "excavation and grading"), without first ensuring that all requirements of this section and any applicable subdivision regulations have been fulfilled.
   9.03.02   All persons or other entities proposing to conduct excavation or grading must submit an erosion and sedimentation control plan demonstrating compliance with the following:
   (A)   The smallest practical area of land must be exposed at any one time during excavation and grading.
   (B)   When land is exposed during excavation and grading, the exposure must be limited to the shortest practical period of time.
   (C)   Temporary vegetation, mulching, and erosion control fencing must be used to protect critical areas exposed during excavation and grading.
   (D)   Sediment basins (debris basins or silt traps) may be installed and maintained to remove sediment from run-off waters from land undergoing excavation and grading.
   (E)   Provisions must be made on-site to accommodate increased stormwater runoff caused by changed soil and surface conditions during and after excavation and grading, and sites of one acre or more are subject to the stormwater management regulations of Sanitation District No. 1.
   (F)   The development and attendant excavation and grading must be fitted to the topography and soils so as to create the least erosion potential.
   (G)   Wherever feasible, natural vegetation must be retained and protected.
   (H)   Permanent final vegetation and structures must be installed as soon as practical in disturbed areas after excavation and grading. For any sites to be developed within six months of the issuance of an excavation and grading permit, a landscape plan must be submitted pursuant to Article 8. Any subsequent change to the landscape plan approved pursuant to this requirement will require re-review and approval.
   9.03.03   The Building Inspector may issue the required permit after determining that the resulting change in grade or removal of trees and other vegetation in the affected area will be in conformance with all applicable provisions of this chapter. The provisions of this section may not be construed to prohibit normal excavation or grading incidental to the construction or alteration of a building on the premises for which a building permit has been granted as required otherwise in this chapter.
(Ord. O-37-06, passed 8-15-06)