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earth filling, removal or grading, proposed by a builder shall be subject to a conditional use permit as <br /> provided for in this chapter. The following land alterations shall be considered as unusual land alterations: <br />� (1) All excavations for foundations in excess of 12 feet average depth if any amount of the excess <br />� material removed below 12 feet depth is to be stockpiled on the site. <br /> I (2) Any additional fill brought on site in excess of 500 cubic yards, except for fill required to raise <br /> grade for adequate frost footing protection, the intent being that structures shall not be artificially <br /> raised above the reexistin surrounding topography. <br /> p 9 <br /> ' (3) Grading or alterations that would propose any changes in elevations within five feet of adjacent <br /> residential lot lines except for drainage swales and ditches. <br /> (c) The building inspector shall have the authority to refer any requests for land alteration permits to the city <br /> council for review and approval in instances where the land alteration appears to potentially create negative <br /> 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 senes, §2, 12-8-1997; Ord. No. 171 2nd senes, § 1, 4-4-1998) <br /> Sec. 78-1286. Topographic alterations/grading and filling. <br /> (a) Grading and filling and excavations necessary for the construction of structures, sewage treatment <br /> systems, and driveways under validly issued construction permits for these facilities do not require the <br /> issuance of a separate grading and filling permit. However, all grading and filling activity approved <br /> permits for construction of structures, sewage treatment systems, and driveways shall adhere to the <br /> grading and filling standards of this article. <br /> (b) Grading, filling or excavating of more than ten cubic yards is prohibited within 75 feet of the ordinary high <br /> water level of the public waters enumerated in section 78-1217. Grading, filling or excavating of ten cubic <br /> yards or less shall require city staff review and permit and be subject to other pertinent sections of this <br /> chapter. <br /> (c) Public and private roads, driveways, parking areas, and public or private watercraft access ramps shall <br /> not be constructed within 75 feet of the ordinary high water level of the public waters enumerated in section <br /> 78-1217. If no alternatives exist, such improvements shall be subject to the standard zoning variance review <br /> procedure, and such review shall take into account the following considerations: <br /> (1) Such improvements shall be designed to take advantage of natural vegetation and topography <br /> to achieve maximum screening from view from public waters. <br /> (2) All roads and parking areas shall be designed and constructed to minimize and control erosion <br /> to public waters consistent with the requirements of all agencies with jurisdiction. <br /> (d) Except for those projects requiring permits for construction of structures, sewage treatment systems and <br /> driveways, a land alteration permit will be required as follows: <br /> (1) For movement of one through 500 cubic yards of material anywhere within the Shoreland <br /> Overlay District, a staff-issued land alteration permit shall be required. <br /> (2) For movement of more than 500 cubic yards of material within the Shoreland Overlay District, <br /> conditional use permit approval by the city council is required in addition to the required land <br /> alteration permit. <br /> (e) The following considerations and conditions must be adhered to during the issuance of construction <br /> permits, grading and filling permits, conditional use permits, variances and subdivision approvals: <br /> 2 <br />