[Ord. No. 05-148 §14, 10-25-2005]
It shall be unlawful for the owner of a property and/or that
owner's agent to perform land disturbance activities affecting five
thousand (5,000) square feet or more without obtaining a land disturbance
permit.
[Ord. No. 05-148 §14, 10-25-2005; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 08-133 §2, 11-25-2008]
A.
Notwithstanding Section 412.040, a land disturbance permit will not be required for the activities listed below, provided that no change in drainage patterns or sedimentation onto adjacent properties will occur.
1.
Land disturbance activities in public rights-of-way covered by a
special use permit.
2.
Land disturbance activities for or by any public utility for the
installation, inspection, repair or replacement of any of its facilities.
3.
Land disturbance activities in quarries and permitted sanitary landfills
that do not drain off the property.
4.
Land disturbance activity of land for farming, nurseries, landscaping
or gardening or similar agricultural or horticultural use whenever
there is substantial compliance with recommendations or standards
of the local soil conservation authority.
5.
Removal of existing or dying grass or similar vegetation by disturbing
not more than a maximum area of ten thousand (10,000) square feet
and resodding or reseeding with new landscaping to include preparation
of the seed bed; provided erosion and sediment control measures are
provided until the grass or other vegetation is established.
6.
Gardening and similar activities on property occupied by one- or
two-family dwellings.
7.
Any emergency activity that is immediately necessary for the protection
of life, property or natural resources.
8.
Repair of levees when such levees protect primarily agricultural
land uses and when damage to such levees is caused by breach, over-topping
or wave action provided:
a.
Such repairs are not on levees subject to the jurisdiction of the
United States Army Corps of Engineers ("Corps"), or
b.
Such repairs are authorized by a nationwide or regional general permit
issued by the Corps, so long as the owner of the property or that
owner's agent provides copies to the Development Review Division of
any reports required by the Corps under that nationwide or regional
general permit.
