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§78-966 ORONO CITY CODE f (2) Fill or reclaim any land by depositing (2) E4ny additional fill brought on site in e%- such material or by grading of e�sting cess of 500 cubic yards, except for fill land to elevate or alter the e�sting natu- required 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 sha11 be performed only with clean fill as any changes in elevations within five feet defined in section 78-Z. Granting of such permits of adjacent residential lot lines except for is subject to other regulations and prohibitions of drainage swales and clitches. this Code and other applicable statutes or ordi- (c) The building inspector shall have the au- nances of other governmental bodies. thority to refer any requests for land alteration (Code �.384, § 10.03(Z3); Qrd. IVo. T63 2nd series, permits to the city council for review and approval § S, 12-�-1337) in instances where the land alteration appears to See. 78-��7. Ezeeg�io�s. 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- intendecl to govern the following land alteration nity management plan. activities: (Coae 1984, § 10.03(21); �rd. No. 163 2nd series, (1) Normal and customary grading in the § 2, I2-8-1997; Ord. No. 3�71 2nd series, § 1, 4-�-�398; Ord.No. 133 3rd series, § 1, 1-26-2015) area of an e�sting or a newly constructed h�ai�di.ng, or the grading of the d.riveway ��. ��_��.�, gse�t. serying such building. { (2) Any eartla movement less than 500 cubic � application for a canditional use permit yards which does not adversely impact shall be accompanied by a drawing made by a the existing drainage. registered surveyor or other competent person (3) Grading, filling or excavating of 5Q cubic showing the location of the groposed excavation yards or less within the shore setback or storage and shall state the amount of material zone of all lakes enumerated in article IX which is to be removed,excavated or stored,filled of this chapter. or graded, and such other infornaation as the council may require. Applications shall be filed (b) Such gradi.ng and earth movement shall be �� 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 buiZdi.ng permit,provid.ed which will be used to offset 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 applica�t. 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. ��, ��.ggg, �ermit for rigrrag. Any unusual'land alterations, including earth filling, removal or grading, proposed by a builder (a) Riprap 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) Required. The requirements of section 78- alterations: 966 are not intended to govern the normal and (I) All egcavations for founaations in egcess customary riprap of lakeshore property. It is un- of 12 feet average depth if 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 pex�nit c�epth is to be stockgiled on the site. issued by the city engineer. Any unusual riprap �_ Supp.No. 12 CB78:160