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21 September 2011 ' 4150 Highwood Road Page 3 of 5 Sec.78-967. Exception. (a) The requirements of section 78-966 are not intended to govern the foliowing land alteration activities: (1) Normal and customary grading in the area of an existing or a newly constructed building, or 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 zone 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 pertormed in conjunction with a building permit, a separate land alteration permit shall be required. Any unusual land alterations, including earth filling, removal or grading, proposed by a builder shall be subject to a conditional use permit as provided for in this chapter. The following land alterations shall be considered as 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 feet depth is to be stockpiled on the site. (2) Any additional fill brought on site in excess of 500 cubic yards, except for fill required to raise grade for adequate frost footing protection, the intent being that structures shall not be artificially raised above the preexisting surrounding topography. (3) Grading or alterations that would propose any changes in elevations within five feet of adjacent residential lot lines except for drainage swales and ditches. (c) The building inspector shall have the authority to refer any requests for land alteration permits to the city council for review and approval in instances where the land alteration appears to potentially create negative impacts or be not in keeping with the goals and policies of the community management plan. (Code 1984, § 10.03(21); Ord. No. 163 2nd series, § 2, 12-8-1997; Ord. No. 171 2nd series, § 1, 4-4- 1998) Sec. 78-1286.Topographic alterations/grading and filling. (a) Grading and filling and excavations necessary for the construction of structures, sewage treatment s�rstems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, all grading and filting activity approved permits for construction of structures, sewage treatment systems, and driveways shall adhere to the grading and filling standards of this article. (b) Grading, filling or excavating of more than ten cubic yards is prohibited within 75 feet of the ordinary high water level of the public waters enumerated in section 78-1217. Grading, filling or excavating of ten cubic yards or less shall require city staff review and permit and be subject to other pertinent sections of this chapter. (c) Public and private roads, driveways, parking areas, and public or private watercraft access ramps shall not be constructed within 75 feet of the ordinary high water level of the public waters enumerated in section 78-1217. If no alternatives exist, such improvements shall be subject to the standard zoning variance review procedure, and such review shall take into account the following considerations: