§ 13-5.1. Determination of exemption.

(a)

Any person who is proposing to perform grading that does not qualify for any of the exemptions in section 13-5 and exceeds fifty (50) cubic yards may apply for a determination of exemption, if the proposed grading is within one (1) of the following categories:

(1)

An excavation that does not exceed ten (10) feet in vertical depth at its deepest point, measured from the original ground surface, or one thousand (1,000) cubic yards on any one (1) lot or parcel of real property.

(2)

Fill on a slope of twenty percent (20%) or flatter that does not exceed ten (10) feet in vertical height at its highest point, measured from the original ground surface, or one thousand (1,000) cubic yards on any one (1) lot or parcel of real property.

(3)

Exploratory excavations which do not exceed one thousand (1,000) cubic yards at any one (1) site.

(b)

The application for determination of exemption shall describe the grading which is proposed including the following information: Maximum depth of excavations and fills, maximum slope of area to be graded, volume of excavations and fills, purpose of the grading, and the nature of land use proposed in connection with the grading, potential drainage impacts, and environmental constraints. The application for determination shall be made on a form approved by the director, shall identify the property by assessor parcel number and street address, and shall be accompanied by a location map and plot plan. Upon receipt of the completed application the director shall review it and may make a site inspection and request any additional information necessary to determine whether or not the proposed grading is exempt. The director shall, within ten (10) days from his receipt of all information reasonably necessary, make his determination and mail notification thereof to the applicant stating whether the proposed grading is exempt or a grading permit is required.

(c)

Any person receiving a determination of exemption shall comply with the erosion and sediment control requirements as specified in subsections (1) and (2) below:

(1)

All excavations or fills that disturb one (1) acre or greater must comply with the State Construction Stormwater Permit and supply a copy of the required Storm Water Pollution Prevention Plan (SWPPP) to the Public Works Land Development Division.

(2)

For all excavations or fills that disturb less than one (1) acre it is the responsibility of the property owner to install and maintain Best Management Practices to prevent the offsite discharge of sediments and pollutants from the disturbed site.

(d)

It shall be unlawful for any person to commence grading of a type described in subsection (a)(1), (2), or (3), or to excavate or grade a driveway longer than one hundred fifty (150) feet as provided in section 13-5(a), unless and until he or she has obtained a determination of exemption from the director or a grading permit pursuant to this article.

(Ord. No. 2954, § 2, 9-24-91; Ord. No. 4011, § 1, 12-8-09)