(A) (1) Unless waived by the City Planner or exempt under § 11.01.250.040, the displacement/excavation of more than one cubic yard of earthen material or import of more than one cubic yard of fill within the Overlay District first requires the formal notification to the City Planner with a detailed description of the development and a site plan illustrating the location of the development on the subject parcel(s).
(2) The City Planner is then required to notify DEQ (Waste Management and Remediation Division) of the project, which triggers the commission of a soil test by DEQ. If the soil test reveals an arsenic contaminant level exceeding the permissible level as listed in § 11.01.250.050, the applicant and/or agent shall present information as required by DEQ and work with that agency to prepare a remediation plan based on the plans for activity.
(B) See § 11.01.250.060 for remediation plan requirements.
(C) If the project is determined to involve the displacement/excavation of more than five cubic yards of earthen material or import of more than five cubic yards of fill within the Overlay District (unless waived by the City Planner or exempt under § 11.01.250.040), the applicant shall apply for a conditional use permit (see §§ 11.01.120.010 through 11.01.120.090).
(Prior Code, § 11.01.250.030) (Ord. 171, passed 9-17-2018; Ord. 2021-15, passed 12-20-2021)