Except as otherwise provided in this title, no person shall commence or perform any grading, stripping, excavating, or filling of land without having first obtained a site development permit from the department.
A. Exemptions From Permit: A site development permit shall not be required for any of the following activities. However, these activities are not exempt for other permitting requirements.
1. Development of a site of less than 2.5 acres for commercial or industrial use, provided that the person responsible for any such development shall implement necessary erosion and sedimentation control measures to satisfy the principles set forth in section 8-4-5 of this title.
2. Residential uses that do not require a site development permit include:
a. Fencing;
b. Garages or carports, attached or detached;
c. Sheds and storage buildings for garden equipment and household items; and
d. Terraces, patios, decks, and other accessory uses.
3. Excavation below final grade for the basement and footings of a single-family residence and appurtenant structures on a site in excess of five (5) acres for which a building permit has been issued by the county.
4. Agricultural use of land including the implementation of conservation measures included in a farm conservation plan approved by the soil and water conservation district, and including the construction of agricultural structures.
B. Application: Application for a site development permit shall be made by the owner of the property or his/her authorized agent to the department on a form furnished for that purpose.
1. Each application shall include the following:
a. The name(s) and address(es) of the owner(s) or developer(s) of the site.
b. Proof of land ownership and, if applicable, proof that a developer or agent is acting with the owner's permission.
c. The name of any consulting firm retained by the applicant for the project.
d. The name of the applicant's principal contact.
e. A filing fee, amount available from the land use department.
2. Each application shall include certification that any land clearing, construction, or development involving the movement of earth shall be in accordance with the plans approved upon issuance of the permit.
3. To ensure technical validity, all applications should be signed and sealed by a licensed professional engineer.
C. Submission: Any applicant seeking approval of a site development permit shall submit to the department five (5) copies of the submittal materials specified in section 8-14-2, "General Procedures", of this chapter. The department shall declare the application as complete or incomplete within fourteen (14) days. If complete, the department shall forward copies to the development review committee.
D. Review: Each application for a site development permit shall be reviewed and acted upon according to the following procedures:
1. The development review committee will review each application for a site development permit to determine its conformance with the provisions of this chapter and other applicable federal and state requirements.
2. The department shall also refer any application to the county soil and water conservation district and/or any other local government or public agency within whose jurisdiction the site is located for review and comment.
E. Approval:
1. Within thirty (30) days after receiving an application, the department shall, in writing:
a. Approve the permit application if it is found to be in conformance with the provisions of this chapter and issue the permit;
b. Approve the permit application subject to such reasonable conditions as may be necessary to substantially secure the objectives of this chapter and issue the permit subject to these conditions; or
c. Disapprove the permit application, indicating the deficiencies and the procedure for submitting a revised application and/or submission.
F. Conditions Of Approval: No site development permit shall be issued for an intended development site unless:
1. The development, including, but not limited to, subdivisions and planned unit developments, has been approved by the county where applicable; or
2. Such permit is accompanied by or combined with a valid building permit issued by the county; or
3. The proposed earthmoving is coordinated with any overall development program previously approved by the county for the area in which the site is situated.
G. Variances And Appeals:
1. In cases where strict compliance with the terms of this chapter would result in particular hardship and practical difficulty, the applicant may apply for a variance under the provisions of section 8-14-7, "Variances", of this chapter.
2. The decision of the department may be appealed in accordance with the provisions of section 8-14-12, "Appeals", of this chapter.
H. Expiration Of Permit: Every site development permit shall expire and become null and void if the work authorized by such permit has not been commenced within one hundred eighty (180) days or is not completed by a date specified in the permit. The department may, however, grant a reasonable extension of time if written application is made before the expiration date of the permit. Before this extension may be granted, the permittee must present satisfactory evidence that unusual difficulties have prevented work being commenced or completed within the one hundred eighty (180) day time limit.
I. Suspension Or Revocation Of Permit: The department may suspend or revoke the site development permit in the event of the following circumstances:
1. The person holding the site development permit violates the terms of the permit.
2. Site development is conducted in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working near the development site.
3. Site development is materially detrimental to the public welfare or injurious to property or improvements in the neighborhood.
J. Stop Work Order: Suspension of a permit shall be by a written stop work order issued by the department and delivered to the permittee or his/her agent or the person performing the work. The stop work order shall be effective immediately, shall state the specific violations cited, and shall state the conditions under which work may be resumed. (Ord. 10-001, 1-12-2010)