§ 151.20. Permits required.

No person shall commence or perform any grading or site development work in excess of the limits set forth in division (A) of this section without first obtaining a site development permit . A separate site development permit shall be required for each site on which site development work is proposed.

(A)

A site development permit shall be required in all cases where development comes under any one or more of the following provisions, unless such work is exempted therefrom by division (B) of this section:

(1)

Excavations, Fills, and Stockpiling. Excavations , fills , stockpiling , or any combination thereof exceeding 100 cubic yards (includes both cut and fill quantities);

(2)

Fills. fills exceeding three feet in vertical depth at their deepest point, measured from the natural ground surface;

(3)

Excavations. Excavations exceeding four feet in vertical depth at their deepest point;

(4)

Area of work. Excavations , fills , stockpiling , vegetation removal, or any combination thereof exceeding an area of 10,000 square feet or 25 percent of the area of the site , whichever is less;

(5)

Driveway construction. New driveway construction, not including driveway repair/resurfacing or maintenance;

(6)

Swimming pool construction. New swimming pool or pools construction which cumulatively exceeds 1,500 cubic yards;

(7)

Septic tanks, septic leachfields, and underground tanks. New septic tanks, septic leachfields, and/or underground tank installations which cumulatively exceed 1,500 cubic yards;

(8)

Water quality impacts. Where erosion , sedimentation, or surface runoff will affect water quality as determined by the Town or the Regional Water Quality Control Board;

(9)

Drainage impacts. Where, as determined by the Town Engineer , existing drainage patterns will be altered;

(10)

Geologic studies and percolation testing. Trenching or test pit excavations for geologic studies or percolation testing; and

(11)

Basements. Excavations for basements exceeding 25 percent of the maximum allowable basement grading pursuant to Section 151.22(C).

(B)

A site development permit shall not be required in the following cases (the exceptions set forth in this section shall not apply in areas of soil instability, flooding, stream corridors, or earthquake fault zones as determined by the Town Engineer ):

(1)

For excavations below the finished grade for building foundations and footings, foundation piers , or utility trenches and vaults ;

(2)

For backfill of natural on-site material;

(3)

For trenching in recorded public utility easements and public rights-of-way performed by public utility companies for the purpose of installing or maintaining underground utilities;

(4)

For tilling of soil for agricultural or fire protection purposes;

(5)

For the repair or resurfacing of a driveway where the gradient or drainage is not materially changed;

(6)

For municipal corporations performing a governmental function;

(7)

For emergency work as authorized by the Town;

(8)

For swimming pool or pools which cumulatively total up to 1,500 cubic yards;

(9)

For septic tanks, septic leach fields and underground tanks which cumulatively total up to 1,500 cubic yards; or

(10)

For basement grading below an above grade structure and up to 25 percent of the maximum allowable basement grading pursuant to Section 151.22(C).

(1975 Code, § 7-4.07) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16; Am. Ord. 2017-584, effective 4-13-17)

Cross reference

Penalty, see § 10.99.