(A) Permits required. Except as specified in division (B) of this section, no person shall do any grading without first having obtained a grading permit from the Town Engineer.
(B) Exempted work. A grading permit is not required for the following:
(1) When approved by the Town Engineer, grading in an isolated, self-contained area if there is no apparent danger to private or public property.
(2) An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than 3 feet after the completion of such structure.
(3) Cemetery graves.
(4) Refuse disposal sites controlled by other regulatory agencies.
(5) Excavations for wells, tunnels or public utilities.
(6) Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property.
(7) Exploratory excavations under the direction of soil engineers or engineering geologists.
(8) An excavation that is less than 2 feet in depth or does not create a cut slope greater than 5 feet in height and steeper than 1 unit vertical in 1½ units horizontal (66.7% slope).
(9) A fill less than 1 foot in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20% slope), or less than 3 feet in depth, not intended to support structures, that does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course.
(10) Grading in public rights-of-way and easements done under a right-of-way permit issued by the Town Engineer.
(C) Violation. Exemption from the permit requirements of this section shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this section or any other laws or ordinances of this jurisdiction.
(Res. 1637, passed 2-28-02; Am. Ord. 782, passed 6-3-10; Am. Res. 2871, passed 9-17-15; Am. Ord. 872, passed 9-17-15)