§ 11-84. Grading permits required/exceptions.

(a)

Minimum standards. Although not subject to the permit requirements of this article, all grading on areas less than one (1) acre in size are required to meet the minimum standards set forth in sections 11-83 and 11-85, and subsections 11-86(c), (e), (f), (g) and (h) of this article, and shall be subject to the enforcement procedures of subsection 11-83(f) and subsections 11-90(e) and (f).

(b)

Grading permit required. No person shall conduct any grading that would alter an area one (1) acre or more in size, or which would occur over or within fifteen (15) feet of an existing utility line, without first obtaining a grading permit from the city.

(1)

Each application for a grading permit shall bear the name and address of the owner and/or developer of the site, and the name and contact information of the applicant's authorized representative.

(2)

Each application for a grading permit shall include a grading plan and an erosion and sediment control plan.

(c)

Exceptions. No permit shall be required for the following activities:

(1)

Excavations below finished grade, including basements, footings, swimming pools, hot tubs, septic systems, retaining walls, and like structures authorized by a valid building permit.

(2)

Cemetery graves.

(3)

Refuse disposal, if controlled by other federal, state, or local regulations.

(4)

Construction of one (1) single-family or duplex residence.

(5)

Building additions less than two thousand (2,000) square feet authorized by a valid building permit.

(6)

Emergency work or repairs immediately necessary to protect life, property or natural resources.

(7)

Nursery and agricultural operations.

(8)

City, Sebastian County, State of Arkansas, or federal construction projects.

(d)

One time approvals.

(1)

Utilities. Public and private utility organizations may obtain a one-time approval for all routine underground electric, water, sewer, natural gas, telephone, or cable facilities. The approval will include a utility organization and its contractors, agents, or assigns and will be permanent in nature as long as the original approval procedures are followed.

(Ord. No. 27-06, § 1, 3-21-06; Ord. No. 54-11, §§ 3, 4, 7-5-11)