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m-mi Oftohcr 18, 2004 Page 2 of 4 with clean fill us defined in section 78-1. Granting of such permits is subject to other regulations and prohibitions of this Code and other applicable statutes or ordinances of other governirental bodies. See. 78-967. Exception. (a) 'fhe requirements of section 78-966 are not intended to govern the following land alteration activities: (1) Normal and customary grading in the area of an existing or a newly constructed building, oi the grading of the driveway serving such building. (2) Any earth movement under 500 cubic yards which does not adversely impact the existing drainage. (3) Grading, filling or excavating of ten cubic yards or less within the shore setback /.one of all lakes enumerated in article IX of this chapter. (b) Such grading and earth movement shall be subject to approval by the building inspector at the time of issuance of a building permit, provided that a plan showing proper drainage and protection of adjoining property has been submitted. Where such earth movement is not being performed in conjunction with a building permit, a sejrarate land alteration permit shall be required. Any unusual land alterations, incli ding earth filling, removal or grading, proposed by a builder shall be subject to a conditional use permit as provided for in this chapter. Ihe following land alterations shall be considered us unusual land alterations: (1) All excavations for foundations in excess of 12 feet average depth if any amount of the excess material removed below 12 f6ct depth is to be stockpiled on the site. Any additional fill brought on site in excess of 500 cubic yards, except for fill required to rai.se grade for adequ.ite frost footing protection, the intent being that structures shall not be artificially raised .above the preexistittg surrmmdittg topography. Grading or alterations that would prt>pose any changes in elevations within five feet of adjacent residential lot lines except for drainage swales and ditches. (2) (c) The building inspector shall have the authority to refer any reque.sts for land alteration permits to the city council for review and approval in instances where the land alter.ition appears to potcnti.illy create negative impacts or be not in keeping with the goals and policies of the commutiity managemettt platt. See. 78-968. reriiiil. An application for a conditional use permit shall be accompanied by a drawing made by a registered surveyor or other cotnpetent person showitig the location of the proposed c.xcavation or storage and shall state the amount of material which is to be iem»»vcd, excavated or stored, filled or graded, .ind such other information .rs the conned may require. Applications shall be filed with tlic city administrator and shall be accomp.inied by a deposit to be determined by the city, which will be used to offset the cost of processing ilic application. Any unused portion will be refunded to the applicant.