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�'Y I a'�,� � � ��'� � <br /> l��p �.:, � . <br /> � � � <br /> �� <br /> 1 ��� <br /> Sec. 78-967. - Exception. <br /> (a) The requirements of section 78-966 are not intended to govern the following land alteration activities: <br /> (1) Normal and customary grading in the area of an existing or a newly constructed building, or the <br /> grading of the driveway serving such building. <br /> (2) Any earth movement less than 500 cubic yards which does not adversely impact the existing <br /> drainage. <br /> (3) Grading, filling or excavating of 50 cubic yards or less within the shore setback zone of all lakes <br /> enumerated in article IX of this chapter. <br /> (4) The foilowing unusuai land alterations: <br /> a. Any unusual land alterations, including earth filling, removal or grading, proposed by a <br /> builder shall be subject to a permit. The following land alterations shall be considered as <br /> unusual land alterations: <br /> 1. All excavations for foundations in excess of 12 feet average depth if any amount of the <br /> excess material removed below 12 feet depth is to be stockpiled on the site. <br /> 2. Any additional fill brought on site outside the Shore land Overlay District, in excess of <br /> 500 cubic yards, except for fill required to raise grade for adequate frost footing <br /> protection, the intent being that structures shall not be artificially raised above the <br /> preexisting surrounding topography. <br /> 3. Grading or alterations that would propose any changes in elevations within five feet of <br /> adjacent residential lot lines except for drainage swales and ditches. <br /> (b) Such grading and earth movement shall be subject to approval by the building inspector at the time of <br /> issuance of a building permit, provided that a plan showing proper drainage and protection of adjoining <br /> property has been submitted. Where such earth movement is not being performed in conjunction with <br /> a building permit, a separate land alteration permit shall be required. <br /> (c) The building inspector shall have the authority to refer any requests for land alteration permits to the <br /> city council for review and approval in instances where the land alteration appears to potentially create <br /> negative impacts or be not in keeping with the goals and policies of the community management plan. <br /> (Code 1984, § 10.03(21); Ord. No. 163 2nd series, § 2, 12-8-1997; Ord. No. 171 2nd series, § l, <br /> 4-4-1998; Ord. No. 133 3rd series, § 1, 1-26-2015; Ord. No. 188 3rd series, § 2, 3-22-2017) <br /> Page 1 <br />