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the time of issuance of a building permit, provided that a plan showing proper drainage and <br />protection of adjoining property has been submitted. Where such earth movement is not <br />being performed in conjunction with a building permit, a separate land alteration permit shall <br />be required. Any unusual land alterations including earth filling, removal or grading <br />proposed by a builder shall be subject to a Conditional Use Permit as provided for in this <br />Chapter. The follo ’ving land alterations shall be considered as 'unusual land alterations': <br />A. All excavations for foundotions in excess of 12 feet average depth if any <br />amount of the excess mateiia! icmoved below 12 feet depth is to be stockpiled <br />on the site. <br />B. Any additional fill brought on site in excess of 500 cubic yards except for fill <br />required to raise grade for adequate frost footing protection; the intent being <br />that structures shall not be artificially raised above the pre-existing <br />sunounding topography. <br />C. Grading or alterations that that would propose any changes in elevations <br />within 5 feet of adjacent residential lot lines except for drainage swales and <br />ditches. <br />The Building Inspector shall have the authority to refer any requests for land alteration <br />permits to the City Council for review and approval in instances where said land alteration <br />appears to potentially create negative impacts. <br />Section 3. Municipal Zoning Code Section 10.56, Subdivision 16(J)(4) is hereby deleted and a new <br />Subdivision 16(J)(4) substituted in its place as follows: <br />J. Topographic Alterations / Grading and Filling. <br />4. Except for those projects requiring permits for construction of <br />structures, sewage treatment systems, and driveways, a land alteration permit wall be <br />required as follows: <br />a. For movement of 1-500 cubic yards of materia! anywhere <br />within the Shoreland Overlay District, a staff-issued land alteration permit shall be <br />required. <br />b. For movement of more than 500 cubic yards of material within <br />the Shoreland Overlay District, conditional use permit approval by the City Council <br />is required in addition to the required land alteration permit. <br />Page 2 of 3