A. 
Scope.
1. 
All development projects shall require a Type 1 or Type 2 grading permit, except as exempted in subsection D of this section. In general, small private grading operations do not require a grading permit; major grading for custom home development requires a Type 1 permit, and general grading for larger development and/or commercial development projects requires a Type 2 permit.
2. 
Town development projects shall abide by the requirements of Chapter 16.40 STC (General Grading Performance Standards). The town council may grant a special exception at a public hearing to a requirement of said chapter for a town development project.
B. 
Type 1 (Grading Plan) Permit Applicability. A Type 1 grading permit is required for:
1. 
Single-dwelling residential development on a single lot;
2. 
Nonresidential development which does not require a subdivision plat or development plan;
3. 
Stockpiling of between 100 cubic yards and 50,000 cubic yards of material;
4. 
Grading which requires a permanent cut or fill slope greater than five feet in height and steeper than a 3:1 slope, or grading on slopes of 15 percent or greater;
5. 
New pavement of more than 3,000 square feet.
C. 
Type 2 (Grading Plan) Permit Applicability. A Type 2 grading permit is required for:
1. 
Residential development which requires a subdivision plat or development plan.
2. 
Nonresidential development which requires a subdivision plat or development plan.
3. 
Stockpiling of more than 50,000 cubic yards of material.
D. 
Exemptions. The following activities are exempted from this title:
1. 
The subsequent expansion, by less than 25 percent and not violating the spirit of this title, of an exempted or approved graded area;
2. 
The clearing, brushing or grubbing of an area of less than 14,000 square feet or for activities exempted in this subsection;
3. 
Stockpiling of less than 100 cubic yards of material;
4. 
Resurfacing or maintenance of an existing paved surface;
5. 
New pavement of less than 3,000 square feet;
6. 
Individual sewage disposal system with a county health department permit;
7. 
Excavation below finished grade for a basement, foundation, wall, or swimming pool authorized by a building permit or zoning construction permit (refer to STC § 18.01.030(E), General Provisions);
8. 
Cemetery graves;
9. 
Refuse disposal site controlled by other regulations;
10. 
Exploratory excavation under the direction of a soil engineer or engineering geologist, provided all excavation is properly backfilled;
11. 
Archaeological exploration conducted under state permit by a qualified archaeologist;
12. 
Removal of selected individual plants for storage and replanting;
13. 
Grading for the maintenance of an existing private access road or driveway; provided, that if either existed prior to adoption of, or was established in conformance with, this title, proof of such may be required by the town engineer;
14. 
Grading for an appurtenant access or utility easement;
15. 
Land uses under statutory exemption (refer to STC § 18.01.030(C), General Provisions).
(Ord. 2022-163 § 1)