(a) Before land is cleared, graded or otherwise disturbed by the movement of earth for purposes including, but not limited to, the construction of buildings, the mining of materials, including sand and gravel, the development of golf courses and the construction of roads and streets, by any person, partnership or corporation within the city, a permit shall be obtained where development comes under any one or more of the following conditions, unless such development is exempted therefrom by subsection (b) of this section.
(1) The excavation and embankment will exceed 100 cubic yards. The excavation volume shall not include that volume necessary for pavement, sidewalks or buildings; however, if the material from these excavations is placed within the project area as an embankment, it shall be considered when calculating the embankment volume;
(2) The excavation or embankment will exceed four feet in vertical depth at its deepest point, measured from the natural ground surface;
(3) Existing surface drainage is impaired, or if the proposed work within the project area constitutes a potential erosion hazard or acts as a source of sediment deposit to any adjacent land or watercourse;
(4) Final slopes are steeper than three to one;
(5) The embankment is placed on a surface having a slope steeper than five to one; and
(6) Existing stormwater runoff is altered in any way that affects adjacent properties.
(b) A permit shall not be required for the following:
(1) Excavations below finished grade for drain fields, tanks, vaults, tunnels, equipment, basements, swimming pools, cellars or footings of buildings or structures for which a building permit shall have been issued by the city or state, unless the excavation is part of the work within a project area which requires such a permit;
(2) The excavation or removal of vegetation in a public right-of-way or utility easement by public utility companies for the purpose of installing underground utilities unless otherwise required by the City Engineer;
(3) The tilling of the soil for fire protection and agricultural purposes;
(4) The construction of sod waterways, terraces, grade stabilization structures and surface water diversions, which do not direct stormwater to adjacent property;
(5) For the initial construction of one-, two- or three-family residences in an existing subdivision, their accessory structures and related work, provided that if at any time during the course of construction it is evident that the construction or grading has caused the existing surface drainage in the general area to be impaired, has created an erosion hazard or has become a source of sediment to any adjacent land or watercourse, an inspection in accordance with § 1049.21(a) shall be made; and
(6) Any construction work designed, bid and inspected by or under control of the city, unless specifically required by the city.
(Ord. 04-39, passed 9-23-2004)