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23.76.035 Permit requirements.
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A. A clearing and grading permit is required for a project that involves any of the following described in subsections (A)(1) through (A)(9) of this section, except as provided for in subsection B of this section. In applying this section, the total proposal shall be considered. Any project that requires a permit shall also comply with applicable provisions of Chapter 24.06 BCC, BCC Title 20, and all other applicable city codes.

1. Any clearing, filling, or excavation in a critical area or critical area buffer;

2. Fill and/or excavation totaling over 50 cubic yards. Quantities of fill and excavation are separately calculated and then added together, even if excavated material is used as fill on the same site;

3. Creation or addition of 2,000 square feet, or greater, of new plus replaced hard surface area within a one-year period;

4. Over 1,000 square feet of clearing, as measured at the ground level, within a one-year period;

5. Construction or reconstruction of rockeries and modular block walls over four feet in height as measured from the bottom of the base rock or block;

6. Removal of more than five significant trees, as defined in LUC 20.50.046, now or as hereafter amended, within any three-year period;

7. Removal of more than 25 percent of the live crown of any significant tree, as defined in LUC 20.50.046, now or as hereafter amended, that is required to be preserved by a city code, plat condition, or other requirement. The live crown is the crown of the tree containing live foliage. Pruning allowed by this subsection must be performed in accordance with applicable provisions of the Land Use Code;

8. Any regrading or repaving of a parking lot used for stormwater detention; and

9. Removal of any significant tree from any lot in an R-1 land use district in the Bridle Trails subarea, pursuant to the provisions of LUC 20.20.900, now or as hereafter amended.

B. The following activities are exempt from the requirements for a clearing and grading permit:

1. Agricultural crop management of existing farmed areas;

2. Routine landscape maintenance, as described in LUC 20.25H.055(C)(3)(h), now or as hereafter amended;

3. Work needed to correct an immediate danger to life or property in an emergency situation as declared by the mayor or the city manager or his/her designee;

4. Cemetery graves involving less than 50 cubic yards of excavation, and related filling, per each cemetery plot;

5. Routine drainage maintenance of existing, constructed stormwater drainage facilities located outside of a critical area or critical area buffer, including, but not limited to, detention/retention ponds, wetponds, sediment ponds, constructed drainage swales, water quality treatment facilities such as filtration systems, and regional stormwater facilities that are necessary to preserve the water quality treatment and flow control functions of the facility. This exemption does not apply to any expansion and/or modification to already excavated and constructed stormwater drainage facilities; or

6. Roadway repairs and overlays within public street rights-of-way for the purpose of maintaining the pavement on existing paved roadways, such that asphalt removal or milling does not expose more than 1,000 square feet of gravel base or subgrade. This exemption does not apply to curbs, gutters, sidewalks, utilities, new traffic calming devices, new roadways, or the widening of the paved surface of existing roadways.

C. An exemption from a clearing and grading permit does not exempt the person or property owner doing the work from meeting all applicable city codes, including, but not limited to, the storm and surface water utility code (Chapter 24.06 BCC), which requires that sediment and other pollutants be kept from the drainage system.

D. The director may categorize clearing and grading permits by different types for administrative purposes, and different fees may be charged for different types. A clearing and grading permit may be issued as a component of a building permit, or other permit, rather than as a separate permit. The director may require that single-family building permits and clearing and grading permits be combined.

E. The director shall specify what submittal and application materials are required for a complete clearing and grading permit application, including the type of submittals, the required level of detail, the minimum qualifications of preparers of technical documents, and the number of copies. The director may administratively establish different submittal requirements for different types of clearing and grading permits. The director may, as well, administratively waive specific submittal requirements if he/she determines them to be unnecessary, or the director may require additional information if needed for review of an application.

F. A construction stormwater pollution prevention plan, if required, must be submitted with the permit submittal and application materials described in subsection E of this section.

G. As a condition of applying for a permit for a project that includes clearing and grading, the applicant shall allow the city to enter the subject property in order to evaluate the proposed clearing and grading. (Ord. 6318 § 15, 2016; Ord. 6196 § 1, 2014; Ord. 5906 § 7, 2009; Ord. 5663 § 1, 2006; Ord. 5452 § 3, 2003; Ord. 4754 § 2, 1995. Formerly 23.76.025.) (Ord. 6318 § 15, 2016; Ord. 6196 § 1, 2014; Ord. 5906 § 7, 2009; Ord. 5663 § 1, 2006; Ord. 5452 § 3, 2003; Ord. 4754 § 2, 1995.)

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