§ 5-10.302. Permits Not Required.  


Latest version.
  • (a)

    A Grading and Erosion Control Permit shall not be required to (1) grade, fill, excavate, store or dispose of less than three hundred fifty (350) cubic yards of soil or earth material; or (2) clear and grub less than one-half (.5) acre of land within the City; or (3) for the grading, filling, excavating, storing, disposing, or clearing and grubbing for:

    (1)

    Swimming pools, basements, or footings of structures if authorized by a valid building permit;

    (2)

    Underground utilities;

    (3)

    Mining or quarry operations, if a use permit has been granted by the City;

    (4)

    Refuse disposal sites permitted by the Federal, State, and local governmental agencies;

    (5)

    The production of planted agricultural crops.

    (b)

    A Grading and Erosion Control Permit shall not be required for, and the provisions of this chapter shall not apply to, grading, filling, excavating, storing, disposing, or clearing and grubbing for situations where, in the determination of the Director, there is a clear and imminent danger to life or property, or threat of loss of services for which there is an overriding public concern. The Director may, at the time of granting such exemption, impose appropriate conditions. Such exemption must be requested from the Director and approved in writing prior to the commencement of any activity regulated by this chapter.

    (c)

    Notwithstanding the provisions of subsection (a) of this section exempting specified activities from the otherwise applicable permit requirements, the activities described in subsection (a) of this section shall be subject to the standards and requirements of this chapter. Any building permit issued in connection with the activities described in subsection (a) of this section or in connection with any building permit issued for a single family residence on an individual lot regardless of size may be conditioned on compliance with the standards and requirements of this chapter. Any inspections required pursuant to this chapter or any other chapter of Title 9 of this Code shall include a determination of compliance with the purpose of this chapter.

(Ord. 3355 § 1, effective 10-8-04)