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Article II. Permit

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(a) A grading and excavation permit shall be required when:

(1) The removal, increase or stockpiling of any earthwork exceeds one foot in height and the amount of materials to be removed, increased or stockpiled exceeds 100 cubic yards.

(2) The extraction of any earth, rock or other natural materials occurs in conjunction with a special permit issued pursuant to applicable zoning ordinances.

(3) The grading, excavation or stockpiling of any earthwork significantly changes a recognized, established watercourse or results in a significant change in drainage or runoff conditions to an established drainage easement of record.

(4) The clearing, grading, excavation or construction exceeds five acres in area.

(b) The grading and excavation permit shall be obtained prior to clearing of land in preparation for any of the activities set out in subsection (a) of this section. When the area exceeds five acres, the permit must be applied for at least 90 days prior to beginning construction.

(c) Exceptions. A grading and excavation permit shall not be required for the following:

(1) The removal or increase of earthwork in conjunction with any construction project of less than five acres for which a building or construction permit has been issued, provided the removal or increase of earthwork is contained on the parcel of property for which a building permit or construction permit has been issued. Property adjoining the parcel of property for which a building permit or construction permit has been issued may be used for the temporary storage of fill material, provided written permission has been obtained from the adjoining property owner and the storage of fill materials ends at the completion of the permitted work. However, the work will conform to the standards and other requirements of this chapter and other applicable City ordinances.

(2) Cemetery graves.

(3) Sanitary landfills, where such landfills have been authorized by a special permit.

(4) Demolition landfills, where such landfills have been authorized by the Health Officer as defined in TMC 1.10.020.

(5) Exploratory excavations, tests and sampling under the direction of a soils engineer or engineering geologist or as approved by the Department of Public Works.

(6) Work of less than five acres conducted by governmental agency crews and contractors employed by the governmental agency, public utility crews and their contractors; however, the work will conform to the standards and other requirements of this chapter and any other applicable City ordinance.

Nothing contained in this subsection (c) shall be construed as exempting from regulation excavation work which is regulated by separate permit as set forth in TMC 12.45.040, Application and permit required, or TMC 17.30.150 (floodplain). (Ord. 19370 § 69, 3-23-10. Code 1995 § 66-101.)

Cross References:Public Works Department, TMC 2.20.100.