Re: illegal fill/incomplete bldg permit app, etc

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a January 29,2013 2530 Old Beach Road Page 3 of 4 Sec. 78-1286.Topographic alterations/grading and filling. (a) Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, 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 filling 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: (1) Such improvements shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. (2) All roads and parking areas shall be designed and constructed to minimize and control erosion to public waters consistent with the requirements of all agencies with jurisdiction. (d) Except for those projects requiring permits for construction of structures, sewage treatment systems and driveways, a land alteration permit will be required as follows: (1) For movement of one through 500 cubic yards of material anywhere within the Shoreland Overlay District, a staff-issued land alteration permit shall be required. (2) For movement of more than 500 cubic yards of material within the Shoreland Overlay District, conditional use permit approval by the city council is required in addition to the required land alteration permit. (e) The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: (1) Grading or filling in any type 1, 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland: a. Sediment and pollutant trapping and retention; b. Storage of surface runoff to prevent or reduce flood damage; C. Fish and wildlife habitat; d. Recreational use; e. Shoreline or bank stabilization; and f. Noteworthiness, including special qualities, such as historic significance, critical habitat for endangered plants and animals, or others. This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews or approvals by other sections of city ordinances or by other local state or federal agencies including but not limited to watershed districts, state department of natural resources, or the United States Army Corps of Engineers. (2) Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. (3) Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible.