(A) Scope. All grading/clearing activities shall be done in accordance with the provision of this chapter.
(2) All grading/clearing as defined by the thresholds of divisions (B) and (C) of this section shall require a grading/clearing permit, except as exempted in division (D) of this section.
(B) Permit applicability.
(1) Either a minor or major grading/clearing permit shall be required for the following actions:
(a) Excavation or fill slopes exceeding two feet;
(b) Alteration to or creation of slopes exceeding 10%;
(c) An excavation or fill slope within two feet of the property boundary; and
(d) Any excavation, fill slope or vegetation removal within riparian corridors is subject to regulations in the Floodplain Overlay Zone.
(2) A grading/clearing permit will not be required for grading/clearing activities approved in conjunction with the building and/or land use permitting processes, as those activities will be reviewed in conjunction with those permits. When grading/clearing activities are associated with a land use action or a building permit, information showing compliance with this chapter shall be submitted with those applications.
(C) Permit types: minor and major grading/clearing permits.
(1) Minor grading/clearing permit. Minor grading/clearing permits shall be obtained when activities are proposed to affect an area one acre or less pursuant to thresholds in division (B) above.
(2) Major grading/clearing permit. Major grading/clearing permits shall be obtained when activities are proposed to affect an area greater than one acre pursuant to thresholds in division (B) above.
(D) Exemptions.
(1) The following activities, while subject to all other applicable city ordinances and the performance standards listed in § 155.04 do not require a grading/clearing permit:
(a) Excavation or fill not exceeding two feet or a finished graded slope less than 10%.
(b) Normal and customary trenching/excavation for public and private utilities and public and private irrigation lines when the affected area is returned to the original grade.
(c) Raised beds and landscaped berms that do not exceed four feet in height and are setback two or more feet from the property boundary.
(d) Normal and customary excavation and fill associated with the ongoing maintenance activities on golf courses such as reconstruction of tee boxes, re-sculpturing of fairway bunkers and greens, etc.
(e) Stockpiling of earth materials.
(f) The addition of six inches or less of soil for normal customary landscaping.
(g) Resurfacing or maintenance of an existing paved surface.
(h) Excavation below finished grade for a foundation proposed in conjunction with a building permit or land use permit application.
(i) Exploratory excavation under the direction of a soil engineer or engineering geologist provided all excavation is properly backfilled.
(j) Underground utility installations and maintenance under a paved roadway surface or a continuously maintained unpaved roadway surface.
(k) Grading/clearing for the maintenance of an existing private access road or driveway, provided either existed prior to adoption of, or was established in conformance with, this chapter.
(l) Grading for an appurtenant access, public infrastructure maintenance, or utility easement.
(2) The following activities while subject to all other applicable city ordinances do not require a grading/clearing permit and are exempted from this chapter:
(a) Archaeological exploration conducted under state permit;
(b) Removal of selected individual plants;
(c) All other land uses exempt from local regulations under state and federal statutes;
(d) Removal of trees on single family residential lots one acre or less;
(e) Removal of flammable vegetation and combustible growth within 30 feet of a structure for fire safety;
(f) Normal maintenance, pruning or limbing of trees;
(g) Removal of noxious weeds;
(h) Normal pruning, limbing and removal of trees and vegetation in the routine maintenance of public school grounds, parks and trails that is not associated with preliminary grading or clearing for a development project;
(i) Normal pruning, limbing and removal of trees and vegetation in the routine maintenance of golf courses and cemeteries that is not associated with preliminary grading or clearing for a development project; and
(j) An emergency that immediately affects life or property.
(Ord. 2004-006, passed 8-23-04)