[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]
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.
Land disturbance activities in public rights-of-way covered by a special use permit.
Land disturbance activities for or by any public utility for the installation, inspection, repair or replacement of any of its facilities.
Land disturbance activities in quarries and permitted sanitary landfills that do not drain off the property.
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.
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.
Gardening and similar activities on property occupied by one- or two-family dwellings.
Any emergency activity that is immediately necessary for the protection of life, property or natural resources.
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:
Such repairs are not on levees subject to the jurisdiction of the United States Army Corps of Engineers ("Corps"), or
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.