Sec. 6.5-64. Exceptions. 
   No grading permit or separate erosion and sediment control plan shall be required for the following activities.
   (a)   Any emergency activity which is immediately necessary for the protection of life, property or natural resources.
   (b)   Agricultural practices such as plowing, cultivation, construction of agricultural structures; nursery operations such as removal and/or transplanting of trees.
   (c)   Installation of lateral sewer lines, telephone lines, electric lines, gas lines or the installation of similar public service facilities provided the associated construction activities do not disturb more than one (1) acre and are not associated with a KYR10-permitted site.
   (d)   Excavations at cemeteries for human or animal burial.
   (e)   Excavation or fill, provided that it:
      (1)   Is less than four (4) feet in vertical depth at its deepest point, as measured from the natural ground; and
      (2)   Does not result in a total quantity of more than one hundred (100) cubic yards of material being removed from, deposited
on, or disturbed on any lot, parcel or combination thereof; and
      (3)   Does not impair existing surface drainage, constitute a potential erosion hazard, or act as a source of sedimentation to any adjacent land or watercourse; and
      (4)   Has no final slopes steeper than one (1) foot vertical in three (3) feet horizontal; and
      (5)   Has proper vegetative cover reestablished on all disturbed areas within fourteen (14) days after final grade is reached and in areas not to grade which will be inactive for more than fourteen (14) days; and
      (6)   Has no fill placed on a surface having a slope steeper than five (5) feet horizontal to one (1) foot vertical.
      (7)   Area is not located within the floodplain or natural watercourse.
      (8)   Activities are not associated with a KYR10- eligible construction site.
   (f)   Grading as a maintenance measure or for landscaping purposes, provided:
      (1)   The aggregate area(s) affected or stripped at any one time does not exceed ten thousand (10,000) square feet, and is not within a floodplain or a natural watercourse;
      (2)   The grade change does not exceed eighteen (18) inches at any point, and does not alter the drainage pattern;
      (3)   Proper vegetative cover is reestablished on all disturbed areas within fourteen (14) days after final grade is reached and in areas not to grade which will be inactive for more than fourteen (14) days; and
      (4)   The grading does not involve a quantity of material in excess of one hundred (100) cubic yards.
   (g)   Finished grading and excavation below finished grade for the following uses, when authorized by a valid building permit; provided the disturbed material or fill is handled in such a manner as to conform to the provisions of section 6.5-67: Requirements for low density residential projects:
      (1)   Basements and footings of a residential structure of no more than four (4) units;
      (2)   Retaining walls;
      (3)   Swimming pools;
      (4)   An accessory structure related to a residential structure of no more than four units.
(Ord. No. 1674, 2-28-05; Ord. No. 1991, § 2, 4-25-22)