§ 25-8-341 — CUT REQUIREMENTS

§ 25-8-341 - CUT REQUIREMENTS.

(A) Cuts on a tract of land may not exceed four feet of depth, except: (1) in an urban watershed; (2) in a roadway right-of-way; (3) for construction of a building foundation or swimming pool; (4) for construction of a water quality control or detention facility and appurtenances for conveyance such as swales, drainage ditches, and diversion berms, if: (a) the design and location of the facility within the site minimize the amount of cut over four feet; (b) the cut is the minimum necessary for the appropriate functioning of the facility; and (c) the cut is not located on a slope with a gradient of more than 15 percent or within 100 feet of a classified waterway; (5) for utility construction or a wastewater drain field, if the area is restored to natural grade; (6) in a state-permitted sanitary landfill or a sand or gravel excavation located in the extraterritorial jurisdiction, if: (a) the cut is not in a critical water quality zone; (b) the cut does not alter a 100-year floodplain; (c) the landfill or excavation has an erosion and restoration plan approved by the City; and (d) all other applicable City Code provisions are met. (7) for any cut associated with construction of a multi-use trail, if: (a) the cut is not located on a slope with a gradient of more than 15 percent or within 100 feet of a classified waterway; (b) the cut is limited to no more than eight feet in depth; (c) the cut is located in a public right-of-way or public easement; and (d) the trail is designed in accordance with the Environmental Criteria Manual; or (8) for construction of a street or driveway necessary to provide primary access if: (a) the construction complies with Division 3 (Construction on Slopes) of this article; (b) the cut is not within a critical water quality zone; (c) the cut is limited to no more than eight feet in depth; (d) the cut over four feet is the minimum amount necessary to comply with safety access requirements and the horizontal and vertical curve requirements of the Transportation Criteria Manual; and (e) there is no other feasible alternative for the street or driveway location.

Source: Subsections 13-7-16(b), (c), and (e); Ord. 990225-70; Ord. 031211-11; Ord. No. 20170615-102, Pt. 20, 6-15-17; Ord. No. 20211202-056, Pt. 2, 12-13-21; Ord. No. 20220519-094, Pt. 8, 5-30-22; Ord. No. 20221027-045, Pt. 29, 11-7-22.