§ 138-3341. Land excavation or fill.

(a)

Purpose. The purpose of this section is to recognize but limit land excavation and fill activities that are needed for land management and construction.

(b)

Applicability. The provisions of this section shall apply to all land excavation or fill which is five cubic yards or more. This section shall not apply to land excavation and fill activity involving less than five cubic yards. This section shall not apply to class III sanitary landfills and solid waste landfills. This section shall not apply to excavate-fill balanced sites.

(c)

Standards.

(1)

Five cubic yards but less than 1,000 cubic yards. The following standards shall apply to land excavation or fill which is at least five (5) cubic yards but less than 1,000 cubic yards.

a.

A zoning clearance shall be required. Prior to issuance of such clearance, a site plan shall be submitted as a Type 1 review.

b.

A site plan shall be provided pursuant to the requirements limited in chapter 138, article II, division 5. In addition to these requirements, site plans shall depict the proposed on-site truck routes, location of excavation/fill activity, and location of surface water and protected environmental features.

(2)

One thousand cubic yards or more. The following standards shall apply to land excavation or fill which is 1,000 cubic yards or more.

a.

Land excavation or fill may be permitted pursuant to Table 138-355—Table of Uses for Zoning District.

b.

A site plan shall be provided pursuant to the requirements limited in chapter 138, article II, division 5. In addition to these requirements, site plans shall depict the proposed on-site truck routes, location of excavation/fill activity, and location of surface water and protected environmental features.

c.

The site plan review and analysis shall determine whether the proposed finished grade will be compatible with the surrounding area and ultimate county drainage plan or existing patterns. The plan, once approved, shall become a condition upon which the excavation is permitted.

d.

On fill areas where seawalls or bulkheads are required, no permits for construction shall be issued until the seawall or bulkhead has been completed, unless otherwise authorized as part of the project's original approval.

e.

Landfills shall not be permitted within any well-field zone of protection as established by the county's well-field protection program.

(Ord. No. 18-36 , § 3(Att. B), 10-23-18)