(a) In the event the plan for the development of the area to be graded or the stated purpose of the grading work requires a conditional use permit, special district permit, planned development approval, a site plan review permit, a plan review use approval or a rezoning under Chapter 21, or requires a special management area use or special management area minor permit under Chapter 25, approval of any such permit or rezoning for the development, or any necessary amendment to any such approval, permit, or rezoning, shall be obtained before approval of the grading permit application, and the grading permit application shall conform to the conditions of the approval, the approved permit or the rezoning.
(b) In the event the plan for the development of the area to be graded is to be subdivided, tentative approval of the subdivision pursuant to the subdivision rules shall be obtained before the approval of the grading permit application.
(c) In the event the area to be graded requires an NPDES permit, approval of the NPDES permit may be obtained after the approval of the grading application; however, the grading application, including any drainage and erosion control plans, shall conform to the conditions of the approved NPDES permit. In case of conflicting requirements, the most restrictive shall apply.
(d) In the event the grading work involves contaminated soil, then all grading work shall be done in conformance with applicable State and federal requirements.
(e) The chief engineer may attach such conditions as may be reasonably necessary to ensure that any grading work is for a use or structure permitted in the zoning district and to prevent creation of a nuisance or hazard to public or private property, health, or welfare. Such conditions may include, but shall not be limited to:
(1) Improvement of any existing grading to bring it up to the standards under this chapter;
(2) Requirements for fencing of excavation or fills which otherwise would be hazardous;
(3) The requirement of retaining walls adequate to prevent loss of support to, erosion of, and interference with natural drainage patterns on adjacent properties;
(4) Cleaning up the area;
(5) Limitations on the days and hours of operation; and
(6) Increasing the effectiveness of the erosion control plan as required.
(f) The issuance of a grading permit shall constitute an authorization to do only that work which is described on the permit and in the plans and specifications approved by the chief engineer.
(g) Permits issued under the requirements of this chapter shall not relieve the permittee of responsibility for securing required permits or approvals for work to be done which is regulated by any other federal, State, and city codes or regulations, department, or division of the governing agency.
(Sec. 23-2.3, R.O. 1978 (1983 Ed.)) (1990 Code, Ch. 14, Art. 14, § 14-14.3) (Am. Ords. 91-08, 92-122, 96-34)