Unless otherwise provided within this chapter, the surface of land within the City shall not be disturbed or altered for any purpose except in accordance with an approved Storm Water Management and Sediment Control Plan.
(a) Exemptions. The provisions of this chapter that require the preparation and approval of erosion and sediment control and storm water management plans shall not apply to the activities or conditions listed below. However, all land disturbing activities in the City should be carried out in such a manner to achieve the objectives of erosion and sediment reduction and storm and water management through the use of best management practices (BMP's).
The following activities are exempt from both the sediment control and storm water management requirements established by these regulations:
(1) Land disturbing activities associated with emergency maintenance or construction of water, sewer, electric, gas or communications facilities, when necessary to restore service or when the area has sustained a disaster and actions are undertaken to protect the public from a threat to health or safety.
(2) Activities relating to maintaining, repairing or rebuilding of railroad tracks, right-of-way, bridges, communications facilities and other related structures and facilities of a railroad company.
(3) Temporary excavations for underground wells, tunnels, tanks, vaults, or sign foundations.
(4) Exploratory excavations under the direction of a qualified geotechnical engineer, engineering geologist, contractor or builder. All such excavations shall be promptly backfilled and restored to the level of the existing terrain.
(5) Normal cemetery operations involving opening or closing graves.
(6) Operations involving refuse disposal, mining, quarrying, processing and stockpiling of soils or rock materials where controlled by other regulations, provided such operations do not cause instability of any adjacent or contiguous property.
(7) Land disturbance as a maintenance measure or for landscaping purposes on existing developed lots or parcels when all of the following conditions are met:
A. Adjacent properties are not adversely affected by the proposed disturbance.
B. The aggregate of areas affected or stripped at any one time is less than 5000 square feet.
C. The grading involves less than 100 cubic yards of material.
D. The drainage pattern is not altered.
E. All disturbed areas are promptly seeded, sodded or otherwise protected to prevent erosive drainage from impacting adjacent property. (Ord. 2003-07. Passed 1-28-03.)