(A) Purpose. A land disturbance permit is required to ensure that land disturbance activities do not irretrievably alter the natural character of the land or water resources in a manner detrimental to public health, safety and general welfare or in a manner that is inconsistent with this code or other adopted codes and policies of the city.
(B) Applicability. Land disturbance means any activity which significantly affects or disturbs the natural character or resource of the land, including, but not limited to, removal or stripping of soil; mineral, soil, sand or gravel excavation; removal of trees, natural ground cover or vegetation; and grading, filling or alteration of the natural contours of the land. Prior to engaging in any land disturbance activity on property subject to this chapter, the property owner or his duly authorized agent must obtain a land disturbance permit from the Zoning Administrator; provided however that the following shall be exempt from the requirements of this section:
(1) Agricultural activities, such as plowing, cultivation, nursery operations and the like.
(2) Installation or maintenance of public utilities, facilities or highways.
(3) Grading and/or excavation for basements or footings for a single-family residential structure.
(4) Grading and/or excavation for permitted accessory structures related to an existing use, such as swimming pools or retaining walls.
(5) Grading, as a maintenance measure or for landscape purposes on existing developed lots or parcels.
(6) Land disturbance activities of a minor nature, such as the following: excavation or fill of less than four feet in vertical depth as measured from the natural ground; removal, deposit, disturbance of less than 100 cubic yards of material, cumulatively on a particular parcel; excavation or fill which results in final slopes no steeper than one foot vertical in three foot horizontal.
(C) Review criteria. The Zoning Administrator, with consultation of the City Engineer, shall determine the conformity of the application with the following standards in relation to the land disturbance activity proposed: soils, topography of the site; natural drainage of the site; natural vegetation on the site; effect of the proposed activity on soil erosion; effect of the proposed activity on flooding, drainage and water quality; effect of the proposed activity on ground water sources and quality; zoning of the property and ultimate potential use of the land; presence of public sewer and water; present use of the property; effect of the proposed activity on adjacent properties and use; and the extent to which the proposed activity will irretrievably alter the natural character of the land or water resources in a manner detrimental to the public health, safety and general welfare or inconsistent with adopted city plans or ordinances.
(D) Applications, review and decision-making procedures. Application requirements, processing procedures and decision-making are described in Table 154.905.1 and § 154.906.
(Ord. O-05-04, passed 4-11-05)