(A) Permit applicability. Except as exempted in division (D) below, no person shall conduct any land disturbance activity without first obtaining a land disturbance permit from the city. A separate permit shall be required for each site or common plan of development or sale, and may cover both excavations and fills. Any changes or deviation from previously reviewed plans require an amended permit be applied for and approved before the work is performed.
(B) Land disturbance permit fees. A fee for each land disturbance permit shall be paid to the city as per the city’s approved fee schedule.
(C) Expiration. Every permit issued by the city under the provisions of this chapter shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 90 days from the date of issuance of the permit, or if the work authorized by the permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before the work can be recommenced, a new permit shall be first obtained to do so and the fee therefor shall be per the city’s approved fee schedule; provided, no changes have been made or will be made in the original plans and specifications for the work; and, provided further that, the suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. Any permittee holding an unexpired permit may apply for an extension of the time within which the permittee may commence work under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The city may extend the time for action by the permittee for a period not exceeding 180 days upon written request by the permittee showing that circumstances beyond the control of the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once.
(D) Exemptions.
(1) No person shall do any land disturbance activity without first obtaining a land disturbance permit from the city; except that, no permit shall be required for the following activities:
(a) A land disturbance activity which meets all of the following requirements:
1. Is located in an isolated, self-contained area and does not have the potential to discharge water from the site or into natural water bodies within the site;
2. There is no danger apparent to private and/or public property;
3. Does not infringe upon any wetland or ponding area or impede any drainage course;
4. The total area of disturbance is less than one acre and is not part of a common plan of development or sale that is equal to or greater than one acre;
5. The total volume of disturbed, stockpiled, disposed of or used as fill does not exceed 50 cubic yards; and
6. Is an excavation that is less than two feet in depth and does not create a cut slope greater than five feet in height, or is steeper than two horizontal to one vertical or is a fill that is less than two feet in depth and place on natural terrain with a slope flatter than three horizontal to one vertical or is less than three feet in depth, not intended to support structures.
(b) Any land disturbance activity that disturbs less than one acre and disturbs, stockpiles, disposes of, or uses fill more than 50 cubic yards and has received a written waiver to apply for land disturbance activities by the city. Waivers will be considered on an individual basis depending on drainage characteristics or risk of environmental or property damage;
(c) Refuse disposal site controlled by other regulations, laws or the city code;
(d) Excavation for wells or tunnels or utilities controlled by other regulations, laws or the city code;
(e) Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law or ordinance. This shall not exempt these types of activities from the conditional permit requirements set forth by the city code;
(f) Tilling, planting or harvesting of agricultural, horticultural or forestry crops;
(g) Exploratory excavations and borings under the direction of geotechnical engineers or engineering geologists;
(h) Emergency work necessary to protect life, limb or property;
(i) City, county, state or federal agency projects whose plans and specifications meet the requirements of this chapter and are reviewed and approved by the city under a separate process;
(j) A lot for which a building permit has been approved on or before the effective date of this chapter;
(k) Any part of a subdivision if a final plat for the subdivision has been approved by the City Council on or before the effective date of this chapter; and
(l) Installation of fence, sign, telephone and electric poles and other kinds of posts or poles.
(2) Exemption from the permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the appropriate best management practices set forth in the city’s Land Disturbance Plan and implementation requirements.
(Prior Code, § 1303.06) (Ord. 914, passed 04-25-2016)