§ 25-5-3. SMALL PROJECTS.

(A)

The director shall determine whether a project is a small project described in this section.

(B)

The following are small projects:

(1)

construction of a building or parking area if the proposed construction:

(a)

does not require a variance from a water quality regulation;

(b)

does not exceed 5,000 square feet of impervious cover; and

(c)

the construction site does not exceed 10,000 square feet, including the following areas:

(i)

construction;

(ii)

clearing;

(iii)

grading;

(iv)

construction equipment access;

(v)

driveway reconstruction;

(vi)

temporary installations, including portable buildings, construction trailers, storage areas for building materials, spoil disposal areas, erosion and sedimentation controls, and construction entrances;

(vii)

landscaping; and

(viii)

other areas that the director determines are part of the construction site;

(2)

construction of a storm sewer not more than 30 inches in diameter that is entirely in a public right-of-way or an easement;

(3)

construction of a utility line not more than eight inches in diameter that is entirely in a public right-of-way;

(4)

construction of a left turn lane on a divided arterial street;

(5)

construction of street intersection improvements;

(6)

widening a public street to provide a deceleration lane if additional right-of-way is not required;

(7)

depositing less than two feet of earth fill, if the site is not in a 100 year floodplain and the fill is not to be deposited within the dripline of a protected tree;

(8)

construction of a boat dock as an accessory use to a single-family residential use, duplex residential use, two-family residential use, or secondary apartment special use if shoreline modification or dredging of not more than 25 cubic yards is not required; or

(9)

construction of a retaining wall, if the wall is less than 100 feet in length and less than eight feet in height, and the back fill does not reclaim a substantial amount of land except land that has eroded because of the failure of an existing retaining wall;

(10)

minor development that the director determines is similar to that described in Subsections (B)(1) through (9) of this section;

(11)

the replacement of development that is removed as a result of right-of-way condemnation; and

(12)

the construction of a telecommunications tower described in Subsection 25-2-839(F) or (G) (Telecommunication Towers).

(C)

Notwithstanding any other provisions in this Section, construction of Shoreline Access, as defined in Section 25-2-1172, that exceeds 50 feet in length and is constructed on slopes exceeding 35% gradient does not constitute a small project.

(D)

For a small project, the director may waive a submittal requirement that the director determines is not essential to demonstrate compliance with this title. The director shall maintain a record of submittal requirements that are waived under this subsection.

Source: Section 13-1-604; Ord. 990225-70; Ord. 000302-36; Ord. 000831-65; Ord. 031211-11; Ord. 20101209-075; Ord. No. 20140626-113, Pt. 16, 7-7-14 .