(A) Notwithstanding any of the provisions of this chapter, no permit to excavate or fill shall be granted, where the application shows the excavation or fill to involve the movement of over 100 cubic yards of material, unless and until approval of the application is given by action of the Planning Commission of the town.
(B) The application, upon receipt, shall be referred to the Planning Commission for investigation and action, and before action of approval may be given, the Planning Commission must find:
(1) The health, welfare and safety of the public will not be adversely affected;
(2) Adjacent properties are adequately protected by project investigation and design from geologic hazards as a result of the work;
(3) Adjacent properties are adequately protected by project design from drainage and erosion problems as a result of the work;
(4) The amount of excavation or fill proposed is not more than is required to allow the property owner substantial use of his or her property;
(5) The visual and scenic enjoyment of the area by others will not be adversely affected by the project more than is necessary;
(6) Natural landscaping will not be removed by the project more than is necessary;
(7) The time of year during which construction will take place is such that work will not result in excessive siltation from storm runoff nor prolonged exposure of unstable excavated slopes.
(Prior Code, § 12.20.080)