§ 153.203. Required conditions in all zoning districts.

The following conditions shall be required in all zoning districts:

(A)

No building or other improvement shall be constructed or enlarged so as to create a change in the physical configuration of a lot by means of cuts or fills, unless a grading permit is issued pursuant to the requirements of the site development provisions.

(B)

Prior to the establishment of a principal use or conditional use on any lot , existing vegetation shall not be removed, nor shall any grading by power equipment be undertaken, except as follows:

(1)

As may be required for construction authorized by a valid building permit ;

(2)

As may be authorized by the terms of any conditional use permit authorized by the Planning Commission pursuant to Sections 153.921 through 153.930;

(3)

As may be required or authorized by any Town official for the purpose of preventing or correcting any hazardous condition;

(4)

As may be authorized by the Town Engineer to permit necessary surveys, soil tests, or geological explorations to provide a basis for decisions regarding building construction or land division projects;

(5)

As may be required in conjunction with the development of a subdivision or land division which has been approved and authorized by the Town ;

(6)

As may be permitted by Sections 153.411 through 153.415;

(7)

As may be required for the construction of trails as authorized by the Town .

(C)

Where the natural runoff of stormwaters is changed by grading, structures , buildings , driveways , or paved areas, the landowner shall prevent the unnatural diversion of surface waters to downslope lots .

(D)

Grazing shall be limited in duration and intensity to that which will not induce damages to ground cover resulting in erosion or the rapid runoff of stormwaters.

(E)

All residents shall maintain the vegetation adjacent to public and private roads in such a manner as not to obstruct necessary and adequate sight distances as determined by the Town Engineer . New plantings adjacent to public and private roads shall not be of the variety which will grow to a size which will obstruct sight distances.

(F)

All subdivisions and land divisions shall include specific provisions for erosion control by the planting of bare earth surfaces. The landowner shall be responsible for the replacement or restoration of trees, ground cover, and natural vegetative character lost as a result of such construction. Site improvement plans shall be prepared by a professional landscape architect or other professionally qualified person. The site improvement plan shall be formulated to provide grading, drainage, and planting consonant with the best practical and aesthetic results. The planting program shall be part of the construction contract, and such plantings shall be maintained by the landowner until self-sufficient.

(1975 Code, § 9-2.218) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1988-362, effective 4-29-88, Am. Ord. 1989-383, effective 4-13-89; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2012-554, effective 8-23-12; Am. Ord. 2017-589, effective 8-24-17)