§ 23-2 PERMIT REQUIRED.

No person shall do or cause any grading on private property without first having obtained a permit to do so from the Director if such grading will result in any of the following:

• a. The volume of excavation or fill will exceed fifty (50) cubic yards provided either:

  1. The existing or the resulting slope will exceed ten (10%) percent, or

  2. The vertical distance between the top and bottom of excavation or fill will exceed five feet at any location.

• b. Any permanently unretained excavation or fill exceeding five (5) cubic yards where the vertical distance between the top and bottom of the excavation or fill exceeds five (5') feet at any location, disregarding benches; and the rate of slope of the surface exceeds two to one (2:1) for fill or one and one-half to one (1 1/2:1) for excavation.

• c. Any excavation within fifteen (15') feet of any property line.

• d. Any site where the Community Development and Environmental Resources Department has been notified of land stability problems.

• e. Where the slope of the existing ground surface exceeds ten (10%) percent.

Grading of an emergency nature to safeguard life or property may be undertaken prior to the issuance of a grading permit. If the emergency work will result in any of the criteria set forth above, an application for grading permit shall be initiated with the Director no later than ten (10) calendar days after the commencement of the emergency and an application shall be diligently pursued by the applicant. A separate permit shall be required for each site. One (1) permit may cover both an excavation and a fill on the same site.