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§78-966 ORONO CITY CODE i (2) Fill or reclaim any land by depositing (2) �1ny additional fill brought on site in ex- such material or by grading of existing cess of 50U cubic yards, except for fill land to elevate or alter the existing natu- requireii to raise grade for adequate frost ral grade. footing protection, the intent being that (3) Build, alter or repair any seawall or re- structures shall not be artificially raised taining wall,or otherwise change the grade above the pree�sting surrounding topog- or shore of lakeshore property. raphy. (b) All land alterations involving 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. Granting of such permits of adjacent residential lot lines except for is subject to other regulations and prohibitions of drai.nage swales and ditches. this Code and other applicable statutes or ordi- (c) The buildi.ng inspector shall have the au- nances of other governmental bodies. thority to refer any requests for land alteration (Code 1384, § 10.03(Z3); Ord. No. 163 2nd series, permits to the city council for review and approval § S, 12-8-1537) in instances where the land alteration appears to �e�. 78-��7. Ezeegtio�a. potentially create negative impacts or be not in (a) The 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, (Ii) Normal and customary grading in the § 2", 12-8-1997; Ord. No. 171 2nd series, § 1, 4-�-13J8; Ord. No. 133 3rd series, § 1, 1-26-20I5) area of an e}risting or a newly constructed bui�ding, or the grading of the ariveway ��. 7�-�f�. l�ea�nit. serving such building. { (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. registered surveyor or ather 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 article IX �'�'�ch is to be removed,excavated or stored,filled of this chapter. or graded, and such other information as the council may require. Applications shall be filed (b) �uch grading and earth movement shall be with the city administrator and 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 building permit,provid.ed which will be used to offset the cost of processing that a plan showing proper drainage and protec- the application. Ar�y 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 1984, § 10.03(20)) formed in conjunction with a building permit, a separate land alteration permit shall be required. ��, ��_g�c�, gDera�it for rigr�g. Any unusual land alterations, including earth filling, removal or grading, proposed by a builder (a) Riprc�p defined. Riprap is rock placed at shall be subject to a conditional use permit as water level of a lakeshore to prevent erosion of provided for in this chapter. The following land shoreline by water action. alterations shall be considered as unusual land (b) l�equired, The reqiairements 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 i#'any amount of Iawful for any person to riprap lakeshore property the excess material removed below 12 feet within the limits of the city without a gex�nit depth is to be stockpiled on the site. issued by the city engineer. Any unusual riprap C Supp.No. 12 CD78:160