For purposes of this Article, the terms “Land Disturbance” and “Grading”, or derivatives thereof, shall be defined as the excavation or fill of land by mechanical means, or any combination of excavation and fill, which alters the grade or profile of the land (even if just temporarily) from how it existed before excavation and/or fill. As set forth herein below, the requirement of a permit for a Land Disturbance or Grading only applies when the area of disturbed or graded land is equal to or greater than one acre. 

(Ord. 2412)

No person shall commence with the grading or disturbing of a land area equal to or in excess of one acre  --  which is for the purpose of building within, across or thereon, any structures, infrastructure, or installing utilities  --  without first applying for and obtaining a permit for such grading or land disturbance from the building official.

(Ord. 2412)

(a)   Any applicant for a permit pursuant to this Article shall:

(1)   Request a pre-application meeting through the building official or his designee;

(2)   Submit a completed application (on a form provided by the building official), and any other submittals required by the building official, to the building official or his designee;

(3)   Provide any other information as may be pertinent to the issuance of the required permit, and requested by the building official or his designee; and

(4)   Pay a permit fee, as set forth by the City Fee Resolution.

(b)   An application for the required permit shall be signed by the owner or his or her duly authorized agent, or the owner or agent’s contractor. If the application is made by the owner or his agent, it shall contain the name or names of the contractor or contractors doing the work described.

(c)   Upon approval of the completed application and a determination that a permit should be issued, the building official or his designee shall issue a permit to the owner or contractor authorizing the grading or land disturbance covered by the application.

(d)   Any permit issued under this section shall be valid and subsisting for a period of not more than 6 months from the date of issuance unless the permittee shall have commenced, within the period so limited, the work authorized by such permit. Work commenced for the purpose of this section shall mean the commencement of grading or land disturbance, and not preparation of plans or the staking out of the location of the grading or land disturbance.

(Ord. 2412)

A copy of the permit shall be prominently displayed on a temporary sign for public inspection during the performance of the work and until completion of the same. Such sign shall be located on the land where the grading or land disturbance is occurring and as close to the public right of way as possible.

(Ord. 2412)

This Article shall not be construed to relieve from any liability or lessen the liability of any person performing any activity connected herewith, nor shall the city be held as assuming any liability by reason of any inspection of work covered by a permit.

(Ord. 2412)