No person shall disturb land without implementing soil erosion
and sediment controls in accordance with the requirements of this
chapter and the Standards and Specifications except as provided within
this section.
The following activities are exempt from the provisions of this
chapter:
A. Agricultural land management practices and agricultural BMPs;
B. Clearing or grading activities that disturb less than 5,000 square
feet of land area and disturb less than 100 cubic yards of earth;
and
C. Clearing or grading activities subject exclusively to state approval
and enforcement under state law and regulations.
The City may only grant a variance from the requirements of
the Standards and Specifications when strict adherence will result
in exceptional hardship and not fulfill the intent of this chapter.
The owner/developer shall submit a written request for a variance
to the City. The request must state the specific variance sought and
the reasons for the request. The City shall not grant a variance unless
and until sufficient information is provided describing the unique
circumstances of the site to justify the variance.