5.40 Excavation, Stripping and Grading


1. For the purpose of this Section, excavation means excavation other than for construction or building purposes, including but not limited to: 
1.1. sand and gravel mining; 
1.2. topsoil stripping; 
1.3. grading; 
1.4. construction of artificial bodies of water; 
1.5. Site remediation; and
1.6. Natural Resource Developments.
2. To undertake Site excavation, stripping, or grading of land, an application for a Development Permit must provide:
2.1. the location and area of the Site where the excavation, stripping or grading is to take place;
2.2. the existing land Use, vegetation, and any Abutting water courses;
2.3. the type and dimensions of the excavation, stripping or grading to be made, and the effect on existing drainage patterns; and
2.4. the condition in which the excavation is to be left when the operations are complete, or the final disposition to be made of the area from which the topsoil is to be removed, including the action that is to be taken for restoring the condition of the surface to the land to be affected. This is to ensure the following:
2.4.1. preventing, controlling or reducing the creation of erosion or dust from the land; and
2.4.2. preventing siltation or erosion into surrounding water courses.
3. For every Development Permit application to undertake Site excavation, stripping or grading of land, the Development Planner must be satisfied that the operation will:
3.1 minimize dust and environmental disturbance;
3.2. be reasonably necessary for the Use and development of the land in question, considering the need for:
3.2.1. preservation of agricultural land;
3.2.2. natural preservation; and
3.2.3. soil on the Site;
3.3. not destroy, disturb, or alter any designated historical resource in compliance with the Historical Resources Act; and
3.4. not make the Site undevelopable.
4. The Development Planner must apply conditions to ensure that: 
4.1. the development complies with the applicable regulations of this Section;
4.2. where applicable, Site reclamation be carried out at the completion of development or the cessation of operations to return the disturbed specified land to a state functionally equivalent to what it was before development; and
4.3. where Site reclamation is carried out, the applicant obtain a letter of completion from the City department responsible for environmental planning.