1735.04  ISSUANCE OF GRADING PERMIT; CONDITIONS.
   Upon any person filing an application for a grading permit, the City Engineer or Building Inspector shall, within three days of the date of the application make or cause to be made an inspection of the site to be graded, and if he finds that erosion or sediment control measures are not necessary or that planned and specified measures contained in the application are adequate to control and prevent erosion and/or siltation of adjoining property or property in the area, he shall immediately approve the issuance of the grading permit.
   In the event that the City Engineer or Building Inspector finds that the proposed grading as planned will result in erosion and/or siltation of adjoining property or property in the area, he shall not approve the issuance of the grading permit.
   (a)   Grading permits upon tracts of land smaller than one-fifth acre shall be approved by the City Engineer or Building Inspector if the following conditions are met:
      (1)   The proposed grading, stripping or cutting will not result in soil erosion and/or siltation upon adjoining property or property in the area, and
      (2)   No disturbed soil shall be exposed for more than thirty days without temporary or permanent cover.
   (b)   Grading permits upon tracts of land larger than one-fifth acres shall be approved by the City Engineer or Building Inspector if the following conditions are met:
      (1)   The proposed grading, stripping or cutting will not result in soil erosion and/or siltation upon adjoining property or property in the area:
      (2)   No disturbed soil shall be exposed for more than thirty days without temporary or permanent cover, and
      (3)   If needed to prevent excessive soil erosion and/or siltation, the plans shall contain appropriate soil erosion and sedimentation control techniques using one or more of the soil erosion control measures in accordance with the standards and specifications of the West Virginia Department of Natural Resources.
         (1960 Code 7-1001.4)