(A) General. The intent of this section is to prohibit mass site grading in any single family residential developments and to provide general controls for mass site grading on all other types of development including but not limited to multi-family, commercial and industrial.
(B) Single family residential. Mass grading within single family residential subdivisions is strictly prohibited. The only area available for grading in a single family residential development with subdivision approval is the road right-of-way and public utility easements and slope easements. Grading on individual lots, including but not limited to the driveway, building pad and utilities shall not be commenced until a building permit has been issued for that lot by the building department.
(C) Exception. Grading on a single family residential lot prior to the issuance of a building permit is allowable if all of the following conditions are met:
(1) An engineered grading, drainage and erosion control plan is required prior to issuance of a building permit either by the recorded subdivision plat or the Hillside Ordinance.
(2) The engineered grading, drainage and erosion control plan meets all of the town requirements and is approved by the Town Engineer.
(3) The property owner agrees to begin construction of a house on this lot within 12 months of issuance of a grading permit and posts a bond with the town as an assurance of this construction. The minimum value of the bond shall be equal to the construction of houses in general on this type of lot.
(D) Developments other than single family residential. Multi-family, commercial and industrial developments normally require a much more even topography than single family residential. Therefore, portions of non-single family residential developments may be mass graded in order to meet the requirements of the project. However, the design shall be as compatible with the existing topography and attempt to leave as much natural vegetation in place as practical.
(Res. 1637, passed 2-28-02; Am. Ord. 782, passed 6-3-10)