§ 154.042  SOIL EXCAVATION AND EROSION CONTROL.
   (A)   Permit required. Except as otherwise provided in this chapter, no person shall commence or perform any clearing, grading, stripping, excavating or filling of any land subject to this chapter (“land disturbance”) without having first obtained a site development permit from the Director, Community Development Department, of the city if the land disturbance meets the following characteristics:
      (1)   Any land disturbance activity that will affect an area in excess of 2,000 square feet;
      (2)   Any land disturbance activity that will affect an area in excess of 500 square feet if the activity is within 25 feet of a lake, pond, stream or wetland; and/or
      (3)   Excavation, fill or any combination thereof that will exceed 100 cubic yards.
   (B)   Exceptions. A separate site development permit shall not be required for any of the following; provided that, the person responsible for any such development shall implement necessary soil erosion and sediment control measures to satisfy the purposes of this chapter and Development Manual:
      (1)   If a building permit has been issued and:
         (a)   A grading plan has been approved for the site; or
         (b)   The grading is limited to the area necessary for footing and foundation.
      (2)   Agricultural use of land in an AG District, 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;
      (3)   Installation, renovation or replacement of a septic system to serve an existing dwelling or structure;
      (4)   Landscaping or home gardening for existing residences;
      (5)   Grading and trenching for utility installation within the rights-of-way or easements; and
      (6)   Asphalt plants, gravel yards, landscaping supply yards and other similar bulk material handling facilities; however, these types of facilities shall install and maintain basic erosion and sedimentation control measures as part of their business operation.
   (C)   Requirements. The substantive and procedural requirements for any land disturbance subject to a required permit shall be as set forth in the Development Manual, and as otherwise required by applicable local, state and federal law.
(Ord. 3319, passed 2-22-2005)