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§78-968 ORONO CITY CODE E (2) Fill or reclaim any land by depositing (2) l�ny ac�ditional fill brought on site in ex- such material or by grading of e�sting cess of 500 cubic yards, except for fill land to elevate or alter the existing natu- required to raise grade for adequate frost ral grade. footing protection, the intent being that (31 Build, alter or repair any seawall or re- structures shall not be artificially raised taining wall,or otherwise change the grade above the preexisting surrounding topog- or shore of lakeshore property. raphy. (b) All land alterations involvi.ng filling and (3) Grading or alterations that would propose grading shall be performed only with clean fill as any changes in elevations withi.n five feet defined in section 78-1. Gra.nting of such permits of adjacent residential lot lines except for is subject to other regulations and prohibitions of drai.nage swales and ditches. this �ode and other applicable statutes or ordi- (c) The building inspectar shall have the au- nances of other governnlental bodies. thority to refer any requests for land alteration (Code I384, § 10.03(23); Ord. rio. 1f:3 2nd series, Pe��e cit�,council for review and approval § 1, 12-8-1g37) in instances where the land alteration appears to �ee. 78-��7. E�ce�x�i��a. potentially create negative impacts or be not in (a) �"he requirements of section 78-966 are not keeping with the goals and policies of the commu- intended to govern the following land alteration nity management plan. activities: (Coae 1984, § 10.03(21); Ord. 1�To. 163 2nd series, § 2, IB-8-1997; Ord. No. T71 2nd series, § 1, (Y) Normal and customary grading in the ,�_,�_�g98; Ord.No. 133 3rd series, § 1, 1-26-2015) area of an existing or a newly constructed hui�ding, or the grading of the driveway �ec. 7�-�f8. ISermi� serving such building. I (2) Any earth movement less than 500 cubic � application for a conditional use permit yards which does not adversely impact shall be accompanied by a drawing made by a the existing drainage. regist�red surveyor or other competent person (3) Grading, filling or excavating of 50 cubic showing the location of the proposed egcavation yards or less within the shore setback or storage and shall state the amount of material zone of all lakes enumerated in articie IX �'�'�ch is to be removed,excavated or stored,filled of this chapter. or graded, and such other infornaation as the council may require. Agplications shall be filed , (b) Such grading and earth movement shall be with the city administrator a.nd shall be accom- subject to approval by the building inspector at p�ed by a deposit to be determined by the city, the time of issuance of a bui�ding permit,provided which will be used to o$'set the cost of processing that a plan showing proper drainage and protec- the application. Any unused portion will be re- tion of adjoining property has been submitted. funded to the applicant. Where such earth movement is not being per- (Code i984, § 10.03(20)) formed in conjunction with a building permit, a � separate land alteration permit shall be requireii. ,�,e�. ��-g��. �eru�it for rigsr�g. Any unv.sual land alterations, includi.ng earth filling, removal or grading, proposed by a builder (a) Riprap defi�zed. Riprap is rock placed at sha11 be subject to a conditional use permit as watea� level of a lakeshore to prevent erosion of provided for in this chapter. The followi.ng land shoreline by water action. alterations shall be considered as unusual land (b) Required. The requirements of section 78- alterations: 966 are not intended to govern the normal and (I) All excavations for foundations in egcess customary riprap of lakeshore property. It is un- of 12 feet average depth if any amount of Iawful for any perso�to riprap lakeshore property the excess material removed below 12 feet within the limits of the city without a permit depth is to be stockpiled on the site. issued by the city engineer. Any unusual riprap � Supp.No. 12 CB78:160