A. Scope.
1. All development projects shall require either a minor grading type 1 or a major grading type 2 permit, except as exempted in subsection D of this section.
2. All development projects that construct major utility infrastructure such as water lines, sewer lines, electrical lines, natural gas lines, and telecommunication facilities shall require a major utility permit.
3. All development projects that construct new infrastructure to be dedicated to and maintained by the Town shall require a public infrastructure permit.
4. Town development projects shall abide by the requirements of this chapter. The council may grant a special exception at a public hearing to a requirement of this chapter for a town development project.
B. Type 1 permit applicability. A type 1 permit is required for:
1. Residential development on a single parcel or lot within a custom lot subdivision.
2. Non-residential development on less than one acre, or which does not require a subdivision plat or development plan.
3. The clearing, brushing, or grubbing of a site.
4. Temporary off-site stockpiling of more than 100 cubic yards of fill.
5. Grading which requires a permanent cut or fill slope greater than five feet in height or steeper than a 3:1 slope.
6. New pavement of 5,000 to 14,000 square feet.
7. The paving of an access easement.
C. Type 2 permit applicability. A type 2 permit is required for:
1. Mass grading of a residential development which requires a subdivision plat or development plan.
2. Non-residential development on one or more acres, or which requires a subdivision plat or development plan.
3. New pavement of more than 14,000 square feet.
4. Blasting activities.
5. Dry well installations.
6. Super pad grading operations.
D. Exemptions. The following activities are exempted from this chapter.
1. Temporary off-site stockpiling of less than 100 cubic yards of fill.
2. Resurfacing or maintenance of an existing paved surface, or the application of a dust palliative on an unpaved road.
3. New pavement of less than 5,000 square feet.
4. Single-home sewage disposal system.
5. Excavation below finished grade for a basement, foundation, wall or swimming pool authorized by a building permit.
6. Cemetery graves.
7. Refuse disposal site controlled by other regulations.
8. Exploratory excavation under the direction of a soil engineer or engineering geologist, provided all excavation is properly backfilled in accordance with town standards.
9. Qualified archaeological exploration of a registered archaeological site.
10. Removal of no more than 25% of the individual plants for storage and replanting on the same property. This provision shall not exempt clearing, brushing, or grubbing.
11. Underground utility crossings under a paved roadway surface or a continuously-maintained unpaved roadway surface and which provide no disturbance of the surface. A right-of-way use permit is required for all work performed within a town right-of-way.
12. Grading for the maintenance of an existing private access, road or driveway, provided that it either existed prior to adoption of, or was established in conformance with, this chapter. Proof of such may be required by the town.
13. Grading for a utility easement or appurtenant utility access.
14. Grading for normal agricultural practices on or within existing areas of agricultural use.