Orange City Zoning Code

Necessary excavation, filling, grading or removal, not exceeding 400 cubic yards, in direct connection with the lawful construction, on the lot, of buildings, foundations, roads, driveways, storm drainage, utility services, fences, wells, swimming pools, or other bona fide construction project;

Necessary excavation, filling, grading or removal not exceeding 400 cubic yards, in connection with improvements on the lot solely for farming or landscaping purposes (other than such purposes as are enumerated in Subsection A above) such as the construction of ponds, draining of wetlands, improvement of water courses, burying of stones or refuse, regrading of difficult contours and the excavation of earth for use on the lot and not for sale, and, when, if applicable, a certified soil erosion and sediment control plan is in effect in accordance with Article XXI;

Necessary excavation, filling, grading or removal in connection with the construction of improvements and the changing of contours in an approved subdivision in accordance with the construction plans and contour plans approved by the Commission under the Subdivision Regulations of the Town of Orange; and

Provided that the excavation, filling, grading or removal authorized under Subsections A and B shall be deemed to permit the excavation, filling, grading or removal of only the quantity of material which is necessary to make the lot more suitable for the proposed use, and provided further that excavation, filling, grading or removal authorized under Subsections A and B in connection with a project for which an application for a certificate of zoning compliance has been approved shall be contingent upon completion of such project within two years after commencement, and in the event of failure to complete such project, as evidenced by failure to obtain a certificate of zoning compliance for such project, then such excavation, filling, grading or removal shall be deemed a violation of these Regulations unless an application for a temporary special use for the excavation, filling, grading or removal has been approved by the Commission in accordance with this article.

The location and exterior limits of the area to be excavated, filled, or graded, property lines and streets adjoining the lot and the names of owners of property adjoining the lot;

Existing contour lines on the lot to be excavated, filled or graded, drawn to a scale of one inch equals 40 feet and with a contour interval not exceeding five feet;

Proposed contour lines within the area to be excavated, filled or graded, drawn to a scale of one inch equals 40 feet and with a contour interval not exceeding five feet;

Existing and proposed drainage on the lot and existing rivers, streams, water courses, ponds and swamps on or within 200 feet of the lot;

Proposed vehicular access to the lot and any proposed work roadways;

The location on the lot of any wooded areas, rock outcrops and existing and proposed buildings and structures;

An estimate of the number of cubic yards of material to be excavated, filled, graded or removed; and

Provisions for soil erosion and sediment control in accordance with Article XXI, unless a separate soil erosion and sediment control plan is submitted as specified in Article XXI.

The excavation, filling, grading or removal shall be carried out in accordance with the maps and plans as approved by the Commission and within the exterior limits shown thereon;

The excavation, filling, grading or removal shall not result in sharp declivities, pits or depressions, soil erosion, drainage or sewerage problems or conditions which would impair the reasonable reuse and development of the lot for purposes permitted under these Regulations as a matter of right in the district where the lot is located;

At all stages of the work, proper drainage shall be provided to avoid stagnant water, soil erosion problems, excessive runoff, silting of streams and damage to public property, streets or drainage facilities;

Truck access to the lot and the work area shall be so arranged as to minimize traffic hazards on streets and to avoid nuisance to residents of the neighborhood;

No excavation, filling, grading or removal which is below the elevation of any abutting street or property line shall occur within 50 feet of such line, except that excavation, filling, grading or removal below the elevation of an abutting property line may be permitted if written approval from the adjoining owner is received by the Commission;

No processing machinery shall be erected or maintained on the lot;

The work shall be limited to the hours and days of the week that may be specified by the Commission;

Proper measures shall be taken to minimize nuisance from noise, dust, vibration and flying debris;

Upon completion of the work authorized, the area of excavated, filled or otherwise disturbed ground shall be restored as follows:

The applicant shall obtain and maintain liability insurance with a limit of not less than $300,000 as to personal injury and $100,000 as to property damage and shall furnish a certificate of insurance to the Commission, and in the event of cancellation of such insurance, the temporary special use application shall terminate.

The applicant shall file with the Commission a bond as outlined in § 383-11.1 to insure the faithful performance of all work in accordance with the provisions of this Article XX.

The Commission and Zoning Enforcement Officer, or their authorized agents, shall at all times have reasonable access to the lot for the purpose of inspection and determination of compliance with this article; the Commission may require the applicant to submit periodic reports prepared by and bearing the seal of a land surveyor or engineer, showing the status and progress of the work.