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(A) A land disturbance permit is not required for the following:

(1) Land disturbance activities that cumulatively disturb less than one (1) acre, and are not part of a larger common plan of development or sale which disturbs a cumulative area of one (1) acre or more, and involves fill of less than three (3) feet in height, and containing less than fifty (50) cubic yards, and does not create a slope in excess of three (3) horizontal to one (1) vertical, and does not obstruct a drainageway.

(2) Work to correct or remedy emergencies, including situations that pose an immediate danger to life or property or substantial flood or fire hazards.

(3) Agricultural uses.

(4) Land disturbance activities specifically authorized by a building permit which includes an erosion and sediment control plan covering the entire area of disturbance. This exemption is not intended to exempt the building permit from erosion and sediment control requirements in this title.

(5) Linear utility projects with less than 1,000 feet of cumulative open trench construction that are located outside the boundaries of a development project.

(B) If the land disturbance activity threatens or impedes the ability of the City to meet its own permit requirements under the NPDES, the City Engineer may terminate the exemption and require the applicant to obtain a land disturbance permit in full compliance with this title. (Ord. 22-52 § 18, 2022.)